Board Of Supervisors — Tuesday, February 27, 2018
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1. Call to Order
2. Moment of Silence
3. Pledge of Allegiance
4. Presentations by County Departments: (a) Animal Care & Control - Animals Available for Adoption; (b) Human Resources - Current County Job Openings.
5. Consideration of Items Not Appearing on the Posted Agenda (Extra Items)
6. Current Construction Projects - Contract Change Orders
6.1Consideration of Contract Change Order #2 Between the County of Lake and Bridgeway Civil Constructors, Inc. for the Harbin Springs Road at Harbin Creek Bridge Replacement Project, Federal Project No. BRLO-5914(106); Bid No. 17-04 for a Decrease of $6,276.32 and a Revised Contract Amount of $1,272,480.84; and Authorize the Chair to Sign
Action Item
approved — Pass
Carried 5-0 — moved by Simon (recovered from the archived minutes)
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Staff memo
EXECUTIVE SUMMARY:
Attached for the Board's review and approval is Contract Change Order (CCO) 2 for the subject project.
Contract Change Order No. 2 addresses the balancing of all contract items to reflect the actual final in-place quantities and adjusts Item 2 of CCO 1 based on approved final force account submittals. This resulted in a decrease of $6,276.32 to the contract amount of $1,278,757.16 for a revised contract amount of $1,272,480.84.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
This project is fully funded by the Federal Highway Administration (FHWA) thru Federal Highway Bridge Program (HBP) funds and California Toll Credit funds. Therefore, this project is 100% federally and state funded thru construction.
STAFFING IMPACT (if applicable):
None
..Recommended Action
RECOMMENDED ACTION:
Staff recommends approval by the Board of Supervisors of CCO 2 and that the Board authorize the Chair to execute said CCO for a decrease of $6,276.32 and a revised contract amount of $1,272,480.84.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Scott De Leon, Public Works Director
DATE: February 27, 2018
SUBJECT: Consideration of Contract Change Order #2 Between the County of Lake and Bridgeway Civil Constructors, Inc. for the Harbin Springs Road at Harbin Creek Bridge Replacement Project, Federal Project No. BRLO-5914(106); Bid No. 17-04 for a Decrease of $6,276.32 and a Revised Contract Amount of $1,272,480.84; and Authorize the Chair to Sign
EXECUTIVE SUMMARY:
Attached for the Board's review and approval is Contract Change Order (CCO) 2 for the subject project.
Contract Change Order No. 2 addresses the balancing of all contract items to reflect the actual final in-place quantities and adjusts Item 2 of CCO 1 based on approved final force account submittals. This resulted in a decrease of $6,276.32 to the contract amount of $1,278,757.16 for a revised contract amount of $1,272,480.84.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Estimated Cost: -$6,276.32
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
This project is fully funded by the Federal Highway Administration (FHWA) thru Federal Highway Bridge Program (HBP) funds and California Toll Credit funds. Therefore, this project is 100% federally and state funded thru construction.
STAFFING IMPACT (if applicable):
None
..Recommended Action
RECOMMENDED ACTION:
Staff recommends approval by the Board of Supervisors of CCO 2 and that the Board authorize the Chair to execute said CCO for a decrease of $6,276.32 and a revised contract amount of $1,272,480.84.
On motion of Supervisor Simon, and by vote of the Board, approved Contract Change Order #2 between the County of Lake and Bridgeway Civil Constructors, Inc. for the Harbin Springs Road at Harbin Creek Bridge Replacement Project, Federal Project No. BRLO-5914(106); Bid No. 17-04 for a decrease of $6,276.32 and a revised contract amount of $1,272,480.84, and authorized the Chair to sign. The motion carried by the following vote:
Clerk’s notes: Public Works Director Scott DeLeon presented the item the Board.
Chair Steele asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7. Approval of the Consent Agenda
7.1(a) Approve By-laws for the Western Regional Town Hall; (b) Adopt Resolution Amending Resolution No. 2017-80 and 2017-109 establishing the Western Regional Town Hall Known as “WRTH” for the Upper Lake, Blue Lakes, and Lake Pillsbury Areas.
Resolution
passed on consent
Staff memo
EXECUTIVE SUMMARY:
(a) On June 27, 2017, the Board of Supervisors adopted a Resolution Establishing the Western Regional Town Hall Known as "WRTH" for the Upper Lake, Nice, Blue Lakes, Lake Pillsbury areas. Per said resolution, the members of such are to develop by-laws establishing the date, time and location of meetings and the rules and procedures of the Council.
Attached please find the proposed by-laws for your Board's consideration and approval.
(b) There has been difficulty in securing council membership from each of the areas named in the amended resolution, so it is advisable to allow some further flexibility in the appointment of council members in the designated geographic areas. This amendment has been drafted to adjust the required membership and allow for the appointment of three members at large.
If your Board is agreeable to this amendment of the composition of the WRTH council, the resolution may be offered for passage.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
None
STAFFING IMPACT (if applicable):
None
..Recommended Action
RECOMMENDED ACTION:
(a) Approve By-laws for the Western Regional Town Hall; (b) Adopt Resolution Amending Resolution No. 2017-80 and 2017-109 establishing the Western Regional Town Hall Known as "WRTH" for the Upper Lake, Blue Lakes, and Lake Pillsbury Areas.
Original memo text
..Title
..Body
MEMORANDUM
TO: The Honorable Board of Supervisors
FROM: Supervisor Jim Steele, District 3
DATE: February 27, 2018
SUBJECT: (a) Approve By-laws for the Western Regional Town Hall; (b) Adopt Resolution Amending Resolution No. 2017-80 and 2017-109 establishing the Western Regional Town Hall Known as "WRTH" for the Upper Lake, Blue Lakes, and Lake Pillsbury Areas.
EXECUTIVE SUMMARY:
(a) On June 27, 2017, the Board of Supervisors adopted a Resolution Establishing the Western Regional Town Hall Known as "WRTH" for the Upper Lake, Nice, Blue Lakes, Lake Pillsbury areas. Per said resolution, the members of such are to develop by-laws establishing the date, time and location of meetings and the rules and procedures of the Council.
Attached please find the proposed by-laws for your Board's consideration and approval.
(b) There has been difficulty in securing council membership from each of the areas named in the amended resolution, so it is advisable to allow some further flexibility in the appointment of council members in the designated geographic areas. This amendment has been drafted to adjust the required membership and allow for the appointment of three members at large.
If your Board is agreeable to this amendment of the composition of the WRTH council, the resolution may be offered for passage.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
None
STAFFING IMPACT (if applicable):
None
..Recommended Action
RECOMMENDED ACTION:
(a) Approve By-laws for the Western Regional Town Hall; (b) Adopt Resolution Amending Resolution No. 2017-80 and 2017-109 establishing the Western Regional Town Hall Known as "WRTH" for the Upper Lake, Blue Lakes, and Lake Pillsbury Areas.
7.2Authorize County Administrative Officer to Approve Step Advancement for Non-Management, Confidential Unit Deputy County Administrative Officer I/II/III- Hourly employee, retroactive to January 23, 2018.
Resolution
passed on consent
Staff memo
As you recall, according to the Fair Labor Standards Act, the salary for this position at half-time is insufficient to be considered management/exempt. Because of this, staff recommended this position be reclassified and allocated to the Confidential Unit.
The staff member this effects was due for merit increase, however because of the shift from Management MOU to Confidential, consequently, the current Unit does not allow for a step increase at 6 months' time.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board authorize the County Administrative Office to allow this one time step advancement for said employee, as it was originally intended at the time the resolution was adopted, retroactive to January 23, 2018.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carol J. Huchingson, County Administrative Officer
DATE: February 27, 2018
SUBJECT: Authorization for County Administrative Officer to Approve Step Advancement for Non-Management, Confidential Unit Deputy County Administrative Officer I/II/III- Hourly employee, retroactive to January 23, 2018.
EXECUTIVE SUMMARY:
On January 23, 2018, your Board adopted Resolution No. 2018-04, a Resolution Amending Resolution No. 2017-125 Establishing Position Allocations for Fiscal Year 2017-18. Budget Unit No. 1012, Administrative Office. This resolution served to allocate our .50 full-time equivalent Deputy County Administrative Officer I/II/II position to the Confidential Unit as Deputy County Administrative Officer I/II/III-Hourly.
As you recall, according to the Fair Labor Standards Act, the salary for this position at half-time is insufficient to be considered management/exempt. Because of this, staff recommended this position be reclassified and allocated to the Confidential Unit.
The staff member this effects was due for merit increase, however because of the shift from Management MOU to Confidential, consequently, the current Unit does not allow for a step increase at 6 months' time.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board authorize the County Administrative Office to allow this one time step advancement for said employee, as it was originally intended at the time the resolution was adopted, retroactive to January 23, 2018.
7.3Approve to Waive the 90 Day Termination Requirements in the January 4, 2011 Fire Dispatch Agreement Allowing the Fire Districts to Terminate Effective March 1, 2018
Action Item
passed on consent
Staff memo
The Lake County Fire Chief's Association has previously notified your Board of its intention to utilize CalFire for fire dispatching instead of the dispatch services provided by the County's centralized dispatch center.
To accommodate their intended move to Cal Fire for dispatch services on March 1, 2018, your Board proposed that the current contract (dated January 4, 2011) between the Fire Districts and the County be amended to provide for termination without cause since the current contract presently allows only a 90-day termination for cause.
Although that option was ultimately not approved by the Fire Districts, they have continued to make plans to move to CalFire dispatch services. In order to allow the Fire Districts to proceed with their transition to CalFire, they have requested the County waive the requirements of the termination clause allowing them to terminate their contract with the County effective March 1, 2018.
FISCAL IMPACT: __ None _X_Budgeted __ Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Approve to Waive the 90 Day Termination Requirements in the January 4, 2011 Fire Dispatch Agreement Allowing the Fire Districts to Terminate Effective March 1, 2018
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carol J. Huchingson, County Administrative Officer
DATE: February 27, 2018
SUBJECT: Approve to Waive the 90 Day Termination Requirements in the January 4, 2011 Fire Dispatch Agreement Allowing the Fire Districts to Terminate Effective March 1, 2018
EXECUTIVE SUMMARY:
The Lake County Fire Chief's Association has previously notified your Board of its intention to utilize CalFire for fire dispatching instead of the dispatch services provided by the County's centralized dispatch center.
To accommodate their intended move to Cal Fire for dispatch services on March 1, 2018, your Board proposed that the current contract (dated January 4, 2011) between the Fire Districts and the County be amended to provide for termination without cause since the current contract presently allows only a 90-day termination for cause.
Although that option was ultimately not approved by the Fire Districts, they have continued to make plans to move to CalFire dispatch services. In order to allow the Fire Districts to proceed with their transition to CalFire, they have requested the County waive the requirements of the termination clause allowing them to terminate their contract with the County effective March 1, 2018.
FISCAL IMPACT: __ None _X_Budgeted __ Non-Budgeted
Estimated Cost: At least $270,000 annually
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Approve to Waive the 90 Day Termination Requirements in the January 4, 2011 Fire Dispatch Agreement Allowing the Fire Districts to Terminate Effective March 1, 2018
7.4(a) Approve Facility Space License Agreement by and between the County of Lake (Licensor) and Kelseyville Fire Protection District (Licensee) to lease tower and vault space on specified County communication sites for an annual fee of $18,600, and a one-time payment in the amount of $2,500 to reimburse the Administrative office for expenses, and authorize the Chair to sign; and (b) Approve Spectrum Manager Lease Agreement between the County of Lake (Lessor) and the Kelseyville Fire District (Lessee) allowing the "red net" frequencies to be shared with the Fire Districts for a one-time payment of $5,000 to reimburse the Administrative office for expenses, and authorize the Chair to sign.
Agreement
passed on consent
Staff memo
Pursuant to your Board's direction, staff has negotiated agreements with the Lake County Fire Chief's Association that will minimize the impact on the public from the Fire Chief's proposed transition to Cal Fire for emergency dispatch services. The agreements effectively preserve the status quo use of the established communications infrastructure by allowing the local fire districts, and by extension Cal Fire, the continued use of the same communications facilities and the same "red net" radio frequencies.
Continued use of the existing communications facilities is accomplished by the attached Facility Space License Agreement which leases tower and vault space on the five pertinent communications sites.
Continued use of the "red net" frequencies is accomplished by the attached Spectrum Manager Lease Agreement which is the required FCC contractual form that provides for the underlying FCC licenses to be maintained in the name of the County while also allowing the frequencies to be shared with the Fire Districts.
The Fire District's intent is to transition dispatch services to Cal Fire effective March 1, 2018.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Amount Budgeted: None
Additional Requested: None
Annual Cost (if planned for future years): None
FISCAL IMPACT (Narrative): The total annual fees for use of the communications sites begins at $18,600 and is subject to an annual increase of 3%. Additionally, upon execution of these agreements, the fire districts will pay one-time payments totaling $7,500 which are intended to reimburse the Administrative Office for its staff and other related expenses.
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
(a) Approve Facility Space License Agreement by and between the County of Lake (Licensor) and Kelseyville Fire Protection District (Licensee) to lease tower and vault space on specified County communication sites for an annual fee of $18,600, and a one-time payment in the amount of $2,500 to reimburse the Administrative office for expenses, and authorize the Chair to sign; and
(b) Approve Spectrum Manager Lease Agreement between the County of Lake (Lessor) and the Kelseyville Fire District (Lessee) allowing the "red net" frequencies to be shared with the Fire Districts for a one-time payment of $5,000 to reimburse the Administrative office for expenses, and authorize the Chair to sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carol J. Huchingson, County Administrative Officer
DATE: February 27, 2018
SUBJECT:
(a) Approve Facility Space License Agreement by and between the County of Lake (Licensor) and Kelseyville Fire Protection District (Licensee) to lease tower and vault space on specified County communication sites for an annual fee of $18,600, and a one-time payment in the amount of $2,500 to reimburse the Administrative office for expenses, and authorize the Chair to sign; and
(b) Approve Spectrum Manager Lease Agreement between the County of Lake (Lessor) and the Kelseyville Fire District (Lessee) allowing the "red net" frequencies to be shared with the Fire Districts for a one-time payment of $5,000 to reimburse the Administrative office for expenses, and authorize the Chair to sign.
EXECUTIVE SUMMARY:
Pursuant to your Board's direction, staff has negotiated agreements with the Lake County Fire Chief's Association that will minimize the impact on the public from the Fire Chief's proposed transition to Cal Fire for emergency dispatch services. The agreements effectively preserve the status quo use of the established communications infrastructure by allowing the local fire districts, and by extension Cal Fire, the continued use of the same communications facilities and the same "red net" radio frequencies.
Continued use of the existing communications facilities is accomplished by the attached Facility Space License Agreement which leases tower and vault space on the five pertinent communications sites.
Continued use of the "red net" frequencies is accomplished by the attached Spectrum Manager Lease Agreement which is the required FCC contractual form that provides for the underlying FCC licenses to be maintained in the name of the County while also allowing the frequencies to be shared with the Fire Districts.
The Fire District's intent is to transition dispatch services to Cal Fire effective March 1, 2018.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost: None
Amount Budgeted: None
Additional Requested: None
Annual Cost (if planned for future years): None
FISCAL IMPACT (Narrative): The total annual fees for use of the communications sites begins at $18,600 and is subject to an annual increase of 3%. Additionally, upon execution of these agreements, the fire districts will pay one-time payments totaling $7,500 which are intended to reimburse the Administrative Office for its staff and other related expenses.
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
(a) Approve Facility Space License Agreement by and between the County of Lake (Licensor) and Kelseyville Fire Protection District (Licensee) to lease tower and vault space on specified County communication sites for an annual fee of $18,600, and a one-time payment in the amount of $2,500 to reimburse the Administrative office for expenses, and authorize the Chair to sign; and
(b) Approve Spectrum Manager Lease Agreement between the County of Lake (Lessor) and the Kelseyville Fire District (Lessee) allowing the "red net" frequencies to be shared with the Fire Districts for a one-time payment of $5,000 to reimburse the Administrative office for expenses, and authorize the Chair to sign.
7.5Approve Amendment 1 to the Agreement between the County of Lake and North Valley Behavioral Health, LLC. For Acute Inpatient Psychiatric Hospital Services for Fiscal Year 2017-18 for a decrease of $100,000 for a new contract maximum of $100,000 and authorize the Board Chair to sign the Amendment.
Action Item
passed on consent
Staff memo
FISCAL IMPACT (Narrative): Due to less than anticipated utilization, LCBH is requesting approval of Amendment 1 to the Agreement for a decrease of $100,000 in the total maximum payable under the Agreement for a new contract maximum of $100,000.
The funds from this decrease will be re-allocated to unassigned funds within the same level of care and can then be used for other contracts as necessary.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Approve Amendment 1 to the Agreement between the County of Lake and North Valley Behavioral Health, LLC. For Acute Inpatient Psychiatric Hospital Services for Fiscal Year 2017-18 for a decrease of $100,000 for a new contract maximum of $100,000 and authorize the Board Chair to sign the Amendment.
Original memo text
..Title
..Body
MEMORANDUM
TO: BOARD OF SUPERVISORS
FROM: Todd Metcalf
Behavioral Health Administrator
DATE: February 27, 2018
SUBJECT: Approve Amendment 1 to the Agreement between the County of Lake and North Valley Behavioral Health, LLC. for Acute Inpatient Psychiatric Hospital Services for Fiscal Year 2017-18 in the amount of $100,000 and authorize the Board Chair to sign the Amendment.
EXECUTIVE SUMMARY: Attached, for your approval, is Amendment 1 to the Agreement between the County of Lake and North Valley Behavioral Health, LLC. for Acute Inpatient Psychiatric Hospital Services for Fiscal Year 2017-18.
BACKGROUND AND DISCUSSION: North Valley Behavioral Health, LLC. provides emergency inpatient psychiatric services to clients referred by Lake County Behavioral Health who require emergency inpatient psychiatric interventions to treat a psychiatric crisis or other acute mental health problem. These services are available in a 24-hour care, non-hospital setting to referred adults in order to focus on a program of prompt intervention, assessment, and stabilization of the individual's psychiatric crisis/episode either voluntarily or involuntarily.
Due to less than anticipated utilization during the current fiscal year, LCBH is requesting a decrease of $100,000 for a new contract maximum of 100,000.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Original Contract Amount: $200,000
First Amendment Decrease: $100,000
New Contract Amount: $100,000
FISCAL IMPACT (Narrative): Due to less than anticipated utilization, LCBH is requesting approval of Amendment 1 to the Agreement for a decrease of $100,000 in the total maximum payable under the Agreement for a new contract maximum of $100,000.
The funds from this decrease will be re-allocated to unassigned funds within the same level of care and can then be used for other contracts as necessary.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Approve Amendment 1 to the Agreement between the County of Lake and North Valley Behavioral Health, LLC. For Acute Inpatient Psychiatric Hospital Services for Fiscal Year 2017-18 for a decrease of $100,000 for a new contract maximum of $100,000 and authorize the Board Chair to sign the Amendment.
7.6Approve the Commercial Lease Agreement between the County of Lake and Big Oak Center, LLC. for the lease of property located at 13340 E. Hwy 20, Clearlake Oaks, CA 95423 in the amount of $1462.50 per month.
Action Item
passed on consent
Staff memo
EXECUTIVE SUMMARY:
Attached, you will find the lease for signature to support Lake County Behavioral Health's intention to move the location of its wellness center commonly known as "The Bridge," currently located at 14954 Burns Valley Road Clearlake, CA 95422.
Although open to all, The Bridge primarily serves homeless mental health clients in need of resource referrals, and individual and/or group therapy. It provides a safe and welcoming atmosphere to more effectively serve this population.
Over the course of the last year, there has been much discussion regarding the condition of the existing Clearlake building as well as its location. The building is in severe disrepair. Though multiple attempts have been made through the property manager to have these maintenance issues resolved, they have not been. These issues present safety hazards to both staff and clientele. The current location is also not conducive to serving our clientele as it is near constant drug activity and the building is often a target of vandalism.
After meeting and discussing this proposal with the two district Supervisors, both have agreed that this will be a positive and beneficial move.
This move is at no cost to the County of Lake and will provide a much more conducive, nurturing environment for both our clients and staff. The location is convenient to public transportation and will also provide mental health services in a currently under-served area. We also continue to operate our Latino Wellness Center ("La Voz") and our main Behavioral Health clinic in the city of Clearlake.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Month 1-12 of the lease rent term shall be at the rate of $1,462.50
Month 13-24 of the lease rent term shall be at the rate of $1,506.37
Month 25-36 of the lease rent term shall be at the rate of $1,551.56
Month 37-48 of the lease rent term shall be at the rate of $1,598.10
Month 49-60 of the lease rent term shall be at the rate of $1,646.04
FISCAL IMPACT (Narrative): The cost to lease the real property at 13340 E. Hwy 20, Clearlake Oaks, CA 95423 is $1,462.50 per month for an annual total of $17,550.00 for month 1 -12.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Approve the Commercial Lease Agreement between the County of Lake and Big Oak Center, LLC. for the lease of property located at 13340 E. Hwy 20, Clearlake Oaks, CA 95423 in the amount of $1462.50 per month.
Original memo text
..Title
..Body
MEMORANDUM
TO: BOARD OF SUPERVISORS
FROM: Todd Metcalf, Behavioral Health Administrator
DATE: February 27, 2018
SUBJECT: Approve the Commercial Lease Agreement between the County of Lake and Big Oak Center, LLC. for the lease of property located at 13340 E. Hwy 20, Clearlake Oaks, CA 95423 in the amount of $1462.50 per month.
EXECUTIVE SUMMARY:
Attached, you will find the lease for signature to support Lake County Behavioral Health's intention to move the location of its wellness center commonly known as "The Bridge," currently located at 14954 Burns Valley Road Clearlake, CA 95422.
Although open to all, The Bridge primarily serves homeless mental health clients in need of resource referrals, and individual and/or group therapy. It provides a safe and welcoming atmosphere to more effectively serve this population.
Over the course of the last year, there has been much discussion regarding the condition of the existing Clearlake building as well as its location. The building is in severe disrepair. Though multiple attempts have been made through the property manager to have these maintenance issues resolved, they have not been. These issues present safety hazards to both staff and clientele. The current location is also not conducive to serving our clientele as it is near constant drug activity and the building is often a target of vandalism.
After meeting and discussing this proposal with the two district Supervisors, both have agreed that this will be a positive and beneficial move.
This move is at no cost to the County of Lake and will provide a much more conducive, nurturing environment for both our clients and staff. The location is convenient to public transportation and will also provide mental health services in a currently under-served area. We also continue to operate our Latino Wellness Center ("La Voz") and our main Behavioral Health clinic in the city of Clearlake.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Month 1-12 of the lease rent term shall be at the rate of $1,462.50
Month 13-24 of the lease rent term shall be at the rate of $1,506.37
Month 25-36 of the lease rent term shall be at the rate of $1,551.56
Month 37-48 of the lease rent term shall be at the rate of $1,598.10
Month 49-60 of the lease rent term shall be at the rate of $1,646.04
FISCAL IMPACT (Narrative): The cost to lease the real property at 13340 E. Hwy 20, Clearlake Oaks, CA 95423 is $1,462.50 per month for an annual total of $17,550.00 for month 1 -12.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Approve the Commercial Lease Agreement between the County of Lake and Big Oak Center, LLC. for the lease of property located at 13340 E. Hwy 20, Clearlake Oaks, CA 95423 in the amount of $1462.50 per month.
7.7Approve Amendment 1 to the Agreement between the County of Lake and Gary Ernst for Professional Fiscal Consulting Services FY 2017-18 for an increase of $15,000 and a new contract maximum of $30,000, and authorize the Board Chair to sign.
Agreement
passed on consent
Staff memo
FISCAL IMPACT (Narrative): Lake County Behavioral Health is requesting approval of Amendment 1 to the Agreement for Fiscal Year 2017-18 for an increase of $15,000 for a new contract maximum of $30,000.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Approve Amendment 1 to the Agreement between the County of Lake and Gary Ernst for Professional Fiscal Consulting Services FY 2017-18 for an increase of $15,000 and a new contract maximum of $30,000, and authorize the Board Chair to sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: BOARD OF SUPERVISORS
FROM: Todd Metcalf
Behavioral Health Administrator
DATE: February 27, 2018
SUBJECT: Approve Amendment 1 to the Agreement between the County of Lake and Gary Ernst for Professional Fiscal Consulting Services FY 2017-18 for an increase of $15,000 and a new contract maximum of $30,000, and authorize the Board Chair to sign.
EXECUTIVE SUMMARY: Attached, for your approval, is Amendment 1 to the Agreement between the County of Lake and Gary Ernst for Professional Fiscal Consulting Services. Lake County Behavioral Health is obligated to pay $100 per hour for Fiscal Consulting Services. The Contractor is obligated to provide professional fiscal consulting services for Lake County Behavioral Health. The Contractor will also prepare the Cost Report for Fiscal Year 2012-13, the Cost Report for 2013-14, and the Cost Report for Fiscal Year 2014-15, in addition to providing assistance and guidance for the FY 2010-11 DHCS Audit and the FY 2016-17 DHCS Triennial Audit.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Original Contract: $15,000
Amendment 1 Increase: $15,000
New Contract Amount: $30,000
FISCAL IMPACT (Narrative): Lake County Behavioral Health is requesting approval of Amendment 1 to the Agreement for Fiscal Year 2017-18 for an increase of $15,000 for a new contract maximum of $30,000.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Approve Amendment 1 to the Agreement between the County of Lake and Gary Ernst for Professional Fiscal Consulting Services FY 2017-18 for an increase of $15,000 and a new contract maximum of $30,000, and authorize the Board Chair to sign.
7.8Adopt Resolution authorizing the 2018-19 Grant Project - Lake County Child Advocacy Center Program and Authorize the Chair to Sign the Certification and Assurance of Compliance
Resolution
passed on consent
Staff memo
EXECUTIVE SUMMARY:
This new grant from the California Governor's Office of Emergency Services (Cal OES) was created for the purpose of funding affiliate, developing, and accredited Child Advocacy Centers in California who work with child abuse victims to reduce trauma to children and their families by using a multidisciplinary team approach. The Victim Witness Division of the District Attorney's Office has had its Multi-Disciplinary Interview Center (MDIC) operational for nearly 12 years. The MDIC uses specialized audio/video equipment to conduct children's interviews in a less intimidating setting. Due to the nature of these situations, interviews must be conducted by a specially trained, trauma-informed professional who can build rapport with the child, while conducting a meaningful and productive interview.
There are several reasons we are requesting to apply for this grant:
(1) the currently awarded Cal OES victim services grants do not allow for any of their funds to be used for MDIC equipment or personnel;
(2) the current MDIC equipment is outdated and out of warranty - properly operating equipment is imperative so that a child does not have to be called in again to relay and re-live such traumatic events
(3) this grant will provide for at least one specially trained forensic interviewer - this will relieve law enforcement agencies from much of the burdensome and time consuming responsibilities associated with forensic interviewing
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
All appropriations requested to achieve the goals of this grant project will be reimbursed by grant funds.
STAFFING IMPACT (if applicable):
A new job classification will be created for this grant project and one to two new employees hired to complete the grant project.
..Recommended Action
RECOMMENDED ACTION:
Adopt the Resolution authorizing the 2018-19 Grant Project - Lake County Child Advocacy Center Program and authorize the Chair to sign the Certification and Assurance of Compliance
Original memo text
..Title
..Body
MEMORANDUM
TO: The Honorable Members of the Lake County Board of Supervisors
FROM: Don A. Anderson, District Attorney
DATE: February 27, 2018
SUBJECT: Adopt the Resolution authorizing the 2018-19 Grant Project - Lake County Child Advocacy Center Program and authorize the Chair to sign the Certification and Assurance of Compliance
EXECUTIVE SUMMARY:
This new grant from the California Governor's Office of Emergency Services (Cal OES) was created for the purpose of funding affiliate, developing, and accredited Child Advocacy Centers in California who work with child abuse victims to reduce trauma to children and their families by using a multidisciplinary team approach. The Victim Witness Division of the District Attorney's Office has had its Multi-Disciplinary Interview Center (MDIC) operational for nearly 12 years. The MDIC uses specialized audio/video equipment to conduct children's interviews in a less intimidating setting. Due to the nature of these situations, interviews must be conducted by a specially trained, trauma-informed professional who can build rapport with the child, while conducting a meaningful and productive interview.
There are several reasons we are requesting to apply for this grant:
(1) the currently awarded Cal OES victim services grants do not allow for any of their funds to be used for MDIC equipment or personnel;
(2) the current MDIC equipment is outdated and out of warranty - properly operating equipment is imperative so that a child does not have to be called in again to relay and re-live such traumatic events
(3) this grant will provide for at least one specially trained forensic interviewer - this will relieve law enforcement agencies from much of the burdensome and time consuming responsibilities associated with forensic interviewing
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
All appropriations requested to achieve the goals of this grant project will be reimbursed by grant funds.
STAFFING IMPACT (if applicable):
A new job classification will be created for this grant project and one to two new employees hired to complete the grant project.
..Recommended Action
RECOMMENDED ACTION:
Adopt the Resolution authorizing the 2018-19 Grant Project - Lake County Child Advocacy Center Program and authorize the Chair to sign the Certification and Assurance of Compliance
7.9(Sitting as Lake County Sanitation District, Board of Directors) Approve Right of Way Contract and Grant Deed for Caltrans' acquisition of a portion of the Middletown Wastewater Treatment Plant along State Highway 175 and authorize the Chair to sign the right of way contract and the grant deed as well as provide direction to the Clerk to notarize and record the grant deed.
Action Item
pulled on consent
approved — Pass
Carried 5-0 — moved by Simon (recovered from the archived minutes)
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Staff memo
EXECUTIVE SUMMARY: Caltrans is proposing a highway widening project on State Highway 175 near Middletown. The project requires the acquisition of approximately 1.56 acres of the Middletown Wastewater Treatment Plant property. The acquisition runs the length of the property and averages 20 feet in width.
Caltrans used sales of comparable properties within the previous year to establish a value of the acquisition based on the highest and best use of the land. The valuation resulted in an offer of $20,900 for the property; specifically property value of $19,000 and a $1,900 (10%) bonus if the contract is approved by March 12, 2018. As part of the project Caltrans will reconstruct the two driveway encroachments to the treatment plant property and install approximately 3,800 feet of field fence along the new property line.
The proposed acquisition will not impact current or future operations of the wastewater treatment plant and does not conflict with the alignment of the Geysers Effluent Pipeline, the spray field irrigation lines, or the future force main from Anderson Springs Sewer Project.
FISCAL IMPACT: __ None __Budgeted _X_Non-Budgeted
Estimated Cost: unanticipated revenue $20,900
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): Unanticipated revenue of $20,900
STAFFING IMPACT (if applicable): n/a
RECOMMENDED ACTION: Approve Right of Way Contract and Grant Deed for Caltrans' acquisition of a portion of the Middletown Wastewater Treatment Plant along State Highway 175 and authorize the Chair to sign the right of way contract and the grant deed as well as provide direction to the Clerk to notarize and record the grant deed.
Original memo text
..Title
..Body
MEMORANDUM
TO: Lake County Sanitation District, Board of Directors
FROM: Scott Harter, Special Districts Deputy Administrator
Jan Coppinger, Special Districts Administrator
DATE: February 27, 2018
SUBJECT: Approve Right of Way Contract and Grant Deed for Caltrans' acquisition of a portion of the Middletown Wastewater Treatment Plant along State Highway 175 and authorize the Chair to sign the right of way contract and the grant deed as well as provide direction to the Clerk to notarize and record the grant deed.
EXECUTIVE SUMMARY: Caltrans is proposing a highway widening project on State Highway 175 near Middletown. The project requires the acquisition of approximately 1.56 acres of the Middletown Wastewater Treatment Plant property. The acquisition runs the length of the property and averages 20 feet in width.
Caltrans used sales of comparable properties within the previous year to establish a value of the acquisition based on the highest and best use of the land. The valuation resulted in an offer of $20,900 for the property; specifically property value of $19,000 and a $1,900 (10%) bonus if the contract is approved by March 12, 2018. As part of the project Caltrans will reconstruct the two driveway encroachments to the treatment plant property and install approximately 3,800 feet of field fence along the new property line.
The proposed acquisition will not impact current or future operations of the wastewater treatment plant and does not conflict with the alignment of the Geysers Effluent Pipeline, the spray field irrigation lines, or the future force main from Anderson Springs Sewer Project.
FISCAL IMPACT: __ None __Budgeted _X_Non-Budgeted
Estimated Cost: unanticipated revenue $20,900
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): Unanticipated revenue of $20,900
STAFFING IMPACT (if applicable): n/a
RECOMMENDED ACTION: Approve Right of Way Contract and Grant Deed for Caltrans' acquisition of a portion of the Middletown Wastewater Treatment Plant along State Highway 175 and authorize the Chair to sign the right of way contract and the grant deed as well as provide direction to the Clerk to notarize and record the grant deed.
On motion of Supervisor Simon, and by vote of the Board, approved the Right of Way Contract and Grant Deed for Caltrans' acquisition of a portion of the Middletown Wastewater Treatment Plant along State Highway 175 and authorized the Chair to sign the right of way contract and the grant deed as well as provide direction to the Clerk to notarize and record the grant deed. The motion carried by the following vote:
Clerk’s notes: This item was pulled at the request of the department for further discussion. Special Districts Deputy Administrator Scott Harter presented the item to the Board and explained the changes to the contract by CalTrans.
Chair Steele asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7.10Approve Amendment One to Agreement between the County of Lake and Far Western Anthropological Research Group, Inc. in the amount of $19,695.64 for the Eastlake Elementary Safe Routes to School & Community Development Block Grant Project in Clearlake Oaks, CA; and authorize the Chair to sign.
Agreement
passed on consent
Staff memo
EXECUTIVE SUMMARY: On August 22, 2017, the Department of Public Works entered into an agreement with Far Western Anthropological Research Group, Inc. for Archaeological Services for Data Recovery Implementation on the Eastlake Elementary Safe Routes to School and Community Development Block Grant Project.
The Caltrans encroachment permit that was acquired subsequent to getting Far Western under contract is requiring additional traffic and pedestrian control and safety measures. Staff has received concurrence from Caltrans on the additional cost of Far Western's services.
Amendment One provides for the cost of additional traffic and pedestrian control and safety measures and increases the contract amount by $19,695.64 to a new not-to-exceed total of $109,741.49.
The project is fully funded from the Safe Routes to School and Community Development Block Grant programs.
Staff recommends that the Board of Supervisors approve Amendment One to the Agreement for Archaeological Services for the Eastlake Elementary Safe Routes to School & Community Development Block Grant Project with Far Western Anthropological Research Group, Inc. in the amount not to exceed $109,741.49 and authorize the Chair to execute said Amendment.
FISCAL IMPACT: __ None X__Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): The project is fully funded from the Safe Routes to School and Community Development Block Grant programs.
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION: Approve Amendment One to Agreement between the County of Lake and Far Western Anthropological Research Group, Inc. in the amount of $19,695.64 for the Eastlake Elementary Safe Routes to School & Community Development Block Grant Project in Clearlake Oaks, CA; and authorize the Chair to sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Scott De Leon, Public Works Director
DATE: February 27, 2018
SUBJECT: Approve Amendment One to Agreement between the County of Lake and Far Western Anthropological Research Group, Inc. in the amount of $19,695.64 for the Eastlake Elementary Safe Routes to School & Community Development Block Grant Project in Clearlake Oaks, CA; and authorize the Chair to sign.
EXECUTIVE SUMMARY: On August 22, 2017, the Department of Public Works entered into an agreement with Far Western Anthropological Research Group, Inc. for Archaeological Services for Data Recovery Implementation on the Eastlake Elementary Safe Routes to School and Community Development Block Grant Project.
The Caltrans encroachment permit that was acquired subsequent to getting Far Western under contract is requiring additional traffic and pedestrian control and safety measures. Staff has received concurrence from Caltrans on the additional cost of Far Western's services.
Amendment One provides for the cost of additional traffic and pedestrian control and safety measures and increases the contract amount by $19,695.64 to a new not-to-exceed total of $109,741.49.
The project is fully funded from the Safe Routes to School and Community Development Block Grant programs.
Staff recommends that the Board of Supervisors approve Amendment One to the Agreement for Archaeological Services for the Eastlake Elementary Safe Routes to School & Community Development Block Grant Project with Far Western Anthropological Research Group, Inc. in the amount not to exceed $109,741.49 and authorize the Chair to execute said Amendment.
FISCAL IMPACT: __ None X__Budgeted __Non-Budgeted
Estimated Cost: 19,695.64
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): The project is fully funded from the Safe Routes to School and Community Development Block Grant programs.
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION: Approve Amendment One to Agreement between the County of Lake and Far Western Anthropological Research Group, Inc. in the amount of $19,695.64 for the Eastlake Elementary Safe Routes to School & Community Development Block Grant Project in Clearlake Oaks, CA; and authorize the Chair to sign.
7.11Approve Advanced Step Hiring of Celia Hoberg, at Third Step retroactive to October 17, 2017, for Right of Way Agent/Airport Operations Coordinator
Action Item
passed on consent
Staff memo
EXECUTIVE SUMMARY: On October 10, 2017, the Department of Public Works processed a Report of Appointment (ROA) for Ms. Hoberg for the subject position. This action was taken following your Board's September 26th approval of a waiver of the Anti-nepotism Policy for her. At the time the ROA was processed, the Department desired to offer Ms. Hoberg an advanced step above Entry Level due to her decades of experience in the title industry and past experience working with Caltrans right of way acquisitions. Unfortunately, an oversight occurred and the ROA was processed at the entry level step. The Department has worked with both the Human Resources Department and County Counsel regarding the advanced step hiring as well as a correction to the ROA, and both support this request.
Recommendation
Approve the advanced-step hiring of Ms. Celia Hoberg at the third step of the Right of Way Agent/Airport Operations Coordinator.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION: Approve Advanced Step Hiring of Celia Hoberg, at Third Step retroactive to October 17, 2017, for Right of Way Agent/Airport Operations Coordinator
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Scott De Leon, Public Works Director
DATE: February 27, 2018
SUBJECT: Approve Advanced Step Hiring of Celia Hoberg, at Third Step retroactive to October 17, 2017, for Right of Way Agent/Airport Operations Coordinator
EXECUTIVE SUMMARY: On October 10, 2017, the Department of Public Works processed a Report of Appointment (ROA) for Ms. Hoberg for the subject position. This action was taken following your Board's September 26th approval of a waiver of the Anti-nepotism Policy for her. At the time the ROA was processed, the Department desired to offer Ms. Hoberg an advanced step above Entry Level due to her decades of experience in the title industry and past experience working with Caltrans right of way acquisitions. Unfortunately, an oversight occurred and the ROA was processed at the entry level step. The Department has worked with both the Human Resources Department and County Counsel regarding the advanced step hiring as well as a correction to the ROA, and both support this request.
Recommendation:
Approve the advanced-step hiring of Ms. Celia Hoberg at the third step of the Right of Way Agent/Airport Operations Coordinator.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION: Approve Advanced Step Hiring of Celia Hoberg, at Third Step retroactive to October 17, 2017, for Right of Way Agent/Airport Operations Coordinator
7.12Approve Letter of Agreement between the Lake County Sheriff's Office and the Drug Enforcement Administration (DEA) of the United States Department of Justice (DOJ) in the amount of $210,000 for the period October 1, 2017 to September 30, 2018; and authorize Sheriff to sign the Agreement and Chair to sign Workplace Certifications and Grant Assurances.
Action Item
passed on consent
Staff memo
EXECUTIVE SUMMARY: The Sheriff's office requests approval of the Drug Enforcement Administration Marijuana Eradication Agreement for federal fiscal year 2017/18. This agreement is in the amount of $210,000. These funds will be allocated in the FY2018/19 Sheriff/Marijuana preliminary budget request for Budget Unit 2203 or before depending on actual receipt of funds.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): Monies in the amount of $210,000 will be budgeted in the Sheriff/Marijuana budget unit 2203 to be used for marijuana eradication
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Approve Letter of Agreement between the Lake County Sheriff's Office and the Drug Enforcement Administration (DEA) of the United States Department of Justice (DOJ) in the amount of $210,000 for the period October 1, 2017 to September 30, 2018; and authorize Sheriff to sign the Agreement and Chair to sign Workplace Certifications and Grant Assurances.
Original memo text
..Title
..Body
MEMORANDUM
TO: Jim Steele, Chairman, Board of Supervisors
FROM: Brian L. Martin, Sheriff/Coroner
DATE: February 27, 2018
SUBJECT: Approve Letter of Agreement between the Lake County Sheriff's Office and the Drug Enforcement Administration (DEA) of the United States Department of Justice (DOJ) in the amount of $210,000 for the period October 1, 2017 to September 30, 2018; and authorize Sheriff to sign the Agreement and Chair to sign Workplace Certifications and Grant Assurances.
EXECUTIVE SUMMARY: The Sheriff's office requests approval of the Drug Enforcement Administration Marijuana Eradication Agreement for federal fiscal year 2017/18. This agreement is in the amount of $210,000. These funds will be allocated in the FY2018/19 Sheriff/Marijuana preliminary budget request for Budget Unit 2203 or before depending on actual receipt of funds.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): Monies in the amount of $210,000 will be budgeted in the Sheriff/Marijuana budget unit 2203 to be used for marijuana eradication
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Approve Letter of Agreement between the Lake County Sheriff's Office and the Drug Enforcement Administration (DEA) of the United States Department of Justice (DOJ) in the amount of $210,000 for the period October 1, 2017 to September 30, 2018; and authorize Sheriff to sign the Agreement and Chair to sign Workplace Certifications and Grant Assurances.
7.13Approve Acceptance of Easement Deeds on Multiple Parcels in Anderson Springs for the Anderson Springs Septic to Sewer Project and authorize Clerk to sign.
Action Item
passed on consent
approved — Pass
Carried 5-0 — moved by Smith (recovered from the archived minutes)
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Staff memo
EXECUTIVE SUMMARY:
Please see the attached summary table of Easement Deeds from various Anderson Springs property owners to Lake County Special Districts. The actual easement deeds are with the Clerk of the Board.
These Easement Deeds are necessary for the construction of a new sewer system in the community of Anderson Springs. The sewer system is being constructed as part of the effort to rebuild Anderson Springs following the 2015 Valley Fire. The easement deeds allow Lake County Special Districts the right to place a sewer collection main within the public, prescriptive right-of-way within the Anderson Springs community.
This list contains 58 of the 316 easements that are needed for the project. Due to the volume of paperwork, the deeds will be presented in batches so they can be recorded as Special Districts continues to collect the remaining deeds.
This project was presented to the Lake County Planning Commission on July 13, 2017 and is reported to be in conformity with the Lake County General Plan.
All original easement deeds are available for review in the Clerk of the Board's office.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
N/A
STAFFING IMPACT (if applicable):
N/A
..Recommended Action
RECOMMENDED ACTION:
Approve Grant of Easement on various parcels in Anderson Springs for the Anderson Springs Septic to Sewer Project and authorize Chair to sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Jan Coppinger, Special Districts Administrator
DATE: February 27, 2018
SUBJECT: Approve Acceptance of Easement Deeds on Multiple Parcels in Anderson Springs for the Anderson Springs Septic to Sewer Project and authorize Clerk to sign.
EXECUTIVE SUMMARY:
Please see the attached summary table of Easement Deeds from various Anderson Springs property owners to Lake County Special Districts. The actual easement deeds are with the Clerk of the Board.
These Easement Deeds are necessary for the construction of a new sewer system in the community of Anderson Springs. The sewer system is being constructed as part of the effort to rebuild Anderson Springs following the 2015 Valley Fire. The easement deeds allow Lake County Special Districts the right to place a sewer collection main within the public, prescriptive right-of-way within the Anderson Springs community.
This list contains 58 of the 316 easements that are needed for the project. Due to the volume of paperwork, the deeds will be presented in batches so they can be recorded as Special Districts continues to collect the remaining deeds.
This project was presented to the Lake County Planning Commission on July 13, 2017 and is reported to be in conformity with the Lake County General Plan.
All original easement deeds are available for review in the Clerk of the Board's office.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
N/A
STAFFING IMPACT (if applicable):
N/A
..Recommended Action
RECOMMENDED ACTION:
Approve Grant of Easement on various parcels in Anderson Springs for the Anderson Springs Septic to Sewer Project and authorize Chair to sign.
On motion of Supervisor Smith, and by vote of the Board, approved consent agenda items 7.1 through 7.13, with the exception of item 7.9, which was pulled by the department and taken up immediately after. The motion carried by the following vote:
8. Timed Items
8.19:05 A.M. - Public Input
Clerk’s notes: County Administrative Officer Carol Huchingson, Dan DeBonis and Paul Kolb spoke.
8.29:06 A.M. - (a) Consideration of waiving required standards of Chapter 12, Section 8, Part III (c) 3 of County Policies for "Commemorative Names Honoring Former County Officials and Employees"; and (b) Consideration of Resolution of Intent to Supersede Resolution No. 90-306 Naming, Renaming, and Extending the Length of Existing Roads within the Area of the County Jail Facility in the County of Lake.
Resolution
Adopted — Pass
Staff memo
EXECUTIVE SUMMARY: A request has been made by the Sheriff's Department to name, rename, and extend the length of certain roads in the area of the County Jail Facility. Some of the roads (Helbush, Hoyt, and Kemp Court) were named in Resolution 90-306. A new road name, Rumfelt Way is being added to honor the memory of Deputy Robert (Rob) Rumfelt, a highly revered member of the Lake County Sheriff's Department for 3 years.
The proposed Resolution will accomplish the following:
1) The location of Hoyt Avenue (see attached site map) will now be from the intersection with Helbush in a southwesterly direction (currently northeasterly) for roughly 350 feet to its end. The addresses of the facilities fronting this new location are currently listed as Hoyt Avenue, so the naming will be consistent with the addresses.
2) The portion of Hoyt Avenue to the Northeast of Helbush Drive will be re-named to Rumfelt Way (See attached site map).
3) The current length of the Helbush Drive (400 feet) will be extended approximately 370 feet to the parking area outside the entrance to the jail facility. The newly added length of Helbush Drive will not be maintained by the Department of Public Works.
This proposal is intended to follow County policy for the commemorative naming of streets, to the extent possible, as there are portions of that policy that could preclude this action. Chapter 12, Section 8, Part III (c) 3 identifies the requirements for "Commemorative Names Honoring Former County Officials and Employees". This policy requires that each of the following standards be met:
1. The honoree has made contributions over and above the normal duties required for their position; and
2. The honoree had a positive impact on the past and future development of programs, projects or facilities of the County of Lake; and
3. The honoree made significant volunteer contributions to the community outside the scope of their job duties; and
4. The honoree had an exceptionally long tenure with the County of Lake; a minimum of Fifteen (15) years; and
5. There exists significant public support for a memorial to the County Official or County employee on the occasion of their death or retirement.
Though Deputy Rumfelts' overall career in law enforcement met the Fifteen (15) year threshold, his career with the County of Lake did not. However, it is a long-standing tradition within the Sheriff's Department to honor those deputies whose lives are lost while on duty with the naming of a road at the County jail facility. It is my recommendation that your Board find that this long-standing tradition supersedes the required standards of the policy and that the special circumstances surrounding this tradition not only merit deviating from the policy, but they do not set a precedent for future deviation requests from the public.
There are no other roads in the County with the name of Rumfelt Way.
The attached Resolution of Intention sets forth the location and proposed name for this road.
Your favorable consideration of this Resolution will facilitate the naming of this existing road.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION: (a) Staff recommends waiving required standards of Chapter 12, Section 8, Part III (c) 3 of County Policies for "Commemorative Names Honoring Former County Officials and Employees"; and (b) Adopt Resolution of Intent to Supersede Resolution No. 90-306 Naming, Renaming, and Extending the Length of Existing Roads within the Area of the County Jail Facility in the County of Lake.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Scott De Leon, Public Works Director
DATE: February 27, 2018
SUBJECT: (a) Consideration of waiving required standards of Chapter 12, Section 8, Part III (c) 3 of County Policies for "Commemorative Names Honoring Former County Officials and Employees"; and (b) Consideration of Resolution of Intent to Supersede Resolution No. 90-306 Naming, Renaming, and Extending the Length of Existing Roads within the Area of the County Jail Facility in the County of Lake.
EXECUTIVE SUMMARY: A request has been made by the Sheriff's Department to name, rename, and extend the length of certain roads in the area of the County Jail Facility. Some of the roads (Helbush, Hoyt, and Kemp Court) were named in Resolution 90-306. A new road name, Rumfelt Way is being added to honor the memory of Deputy Robert (Rob) Rumfelt, a highly revered member of the Lake County Sheriff's Department for 3 years.
The proposed Resolution will accomplish the following:
1) The location of Hoyt Avenue (see attached site map) will now be from the intersection with Helbush in a southwesterly direction (currently northeasterly) for roughly 350 feet to its end. The addresses of the facilities fronting this new location are currently listed as Hoyt Avenue, so the naming will be consistent with the addresses.
2) The portion of Hoyt Avenue to the Northeast of Helbush Drive will be re-named to Rumfelt Way (See attached site map).
3) The current length of the Helbush Drive (400 feet) will be extended approximately 370 feet to the parking area outside the entrance to the jail facility. The newly added length of Helbush Drive will not be maintained by the Department of Public Works.
This proposal is intended to follow County policy for the commemorative naming of streets, to the extent possible, as there are portions of that policy that could preclude this action. Chapter 12, Section 8, Part III (c) 3 identifies the requirements for "Commemorative Names Honoring Former County Officials and Employees". This policy requires that each of the following standards be met:
1. The honoree has made contributions over and above the normal duties required for their position; and
2. The honoree had a positive impact on the past and future development of programs, projects or facilities of the County of Lake; and
3. The honoree made significant volunteer contributions to the community outside the scope of their job duties; and
4. The honoree had an exceptionally long tenure with the County of Lake; a minimum of Fifteen (15) years; and
5. There exists significant public support for a memorial to the County Official or County employee on the occasion of their death or retirement.
Though Deputy Rumfelts' overall career in law enforcement met the Fifteen (15) year threshold, his career with the County of Lake did not. However, it is a long-standing tradition within the Sheriff's Department to honor those deputies whose lives are lost while on duty with the naming of a road at the County jail facility. It is my recommendation that your Board find that this long-standing tradition supersedes the required standards of the policy and that the special circumstances surrounding this tradition not only merit deviating from the policy, but they do not set a precedent for future deviation requests from the public.
There are no other roads in the County with the name of Rumfelt Way.
The attached Resolution of Intention sets forth the location and proposed name for this road.
Your favorable consideration of this Resolution will facilitate the naming of this existing road.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION: (a) Staff recommends waiving required standards of Chapter 12, Section 8, Part III (c) 3 of County Policies for "Commemorative Names Honoring Former County Officials and Employees"; and (b) Adopt Resolution of Intent to Supersede Resolution No. 90-306 Naming, Renaming, and Extending the Length of Existing Roads within the Area of the County Jail Facility in the County of Lake.
Supervisor Brown offered the Resolution and it was passed by roll call vote:
Clerk’s notes: Public Works Director Scott DeLeon presented the item to the Board. Sheriff Brian Martin was also present and spoke.
Chair Steele asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
8.39:10 A.M. - (a) Consideration of staff report on the status of the Lake County Courthouse Construction Project; and (b) Consideration of appointment of the County Administrative Officer or her designee and the Public Works Director to serve as the negotiating team for the possible sale of the two County-owned parcels at 934 and 946 Bevins Court in Lakeport
Action Item
approved — Pass
Carried 5-0 — moved by Scott (recovered from the archived minutes)
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Staff memo
Progress on the long-awaited Lake County Courthouse construction project has been minimal over the past year. However, recently State officials have expressed that a swapping of properties could improve the likelihood the project will move forward.
With this in mind, I have been in communication with the Lakeport City Manager and the CEO of Lake County Tribal Health (LCTH) regarding our properties on Bevins Court. LCTH has expressed interest in purchasing the County and City-owned properties on Bevins Court for future development of LCTH operations. LCTH has also expressed an interest in swapping the property it owns on the corner of Bevins Street and Bevins Court with the Court-owned property on Lakeport Boulevard near Vista Point. As you may be aware, the Court's planned project near Vista Point came in over budget and a swap may improve the feasibility of the Courthouse project. However, to make the swap, LCTC would need to acquire the County and City-owned properties in order to move forward with their needed expansion.
Supervisor Scott has expressed her interest in having this discussion with the full Board.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
(a) Consideration of staff report on the status of the Lake County Courthouse Construction Project
(b) Consideration of appointment of the County Administrative Officer or her designee and the Public Works Director to serve as the negotiating team for the possible sale of the two County-owned parcels at 934 and 946 Bevins Court in Lakeport.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carol J. Huchingson, County Administrative Officer
DATE: February 27, 2018
SUBJECT: (a) Consideration of staff report on the status of the Lake County Courthouse Construction Project, and (b) Consideration of appointment of the County Administrative Officer or her designee and the Public Works Director to serve as the negotiating team for the possible sale of the two County-owned parcels at 934 and 946 Bevins Court in Lakeport
EXECUTIVE SUMMARY:
Progress on the long-awaited Lake County Courthouse construction project has been minimal over the past year. However, recently State officials have expressed that a swapping of properties could improve the likelihood the project will move forward.
With this in mind, I have been in communication with the Lakeport City Manager and the CEO of Lake County Tribal Health (LCTH) regarding our properties on Bevins Court. LCTH has expressed interest in purchasing the County and City-owned properties on Bevins Court for future development of LCTH operations. LCTH has also expressed an interest in swapping the property it owns on the corner of Bevins Street and Bevins Court with the Court-owned property on Lakeport Boulevard near Vista Point. As you may be aware, the Court's planned project near Vista Point came in over budget and a swap may improve the feasibility of the Courthouse project. However, to make the swap, LCTC would need to acquire the County and City-owned properties in order to move forward with their needed expansion.
Supervisor Scott has expressed her interest in having this discussion with the full Board.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
(a) Consideration of staff report on the status of the Lake County Courthouse Construction Project
(b) Consideration of appointment of the County Administrative Officer or her designee and the Public Works Director to serve as the negotiating team for the possible sale of the two County-owned parcels at 934 and 946 Bevins Court in Lakeport.
On motion of Supervisor Scott, and by vote of the Board, appointed the County Administrative Officer or her designee and the Public Works Director to serve as the negotiating team for the possible sale of the two County-owned parcels at 934 and 946 Bevins Court in Lakeport. The motion carried by the following vote:
Clerk’s notes: County Administrative Officer Carol Huchingson presented the item to the Board. Court Executive Officer Krista LeVier and Tribal Health Executive Director Ernensto Padilla were present and spoke.
Chair Steele asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed
8.49:20 A.M. - HEARING - Nuisance Abatement Assessment confirmation and proposed recordation of Notice of Lien in the amount of $17,327.72, for 12545 Lakeview Drive, Clearlake Oaks (APN 035-152-65 - John J. Danuck)
Action Item
approved — Pass
Carried 5-0 — moved by Simon (recovered from the archived minutes)
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Staff memo
EXECUTIVE SUMMARY:
I. PROPERTY OUTLINE:
Property Owner: John J. Danuck
Location: 12545 Lakeview Drive, Clearlake Oaks CA
APN: 035-152-65
Zoning: "R1", Single-Family Residential District
Case #: 16-0025
II. ABATEMENT SUMMARY
On December 2, 2016, a Notice of Nuisance and Order to Abate was prepared and posted at 12545 Lakeview Drive, Clearlake Oaks, CA, within the Clearlake Oaks Subdivision, and mailed, certified to the property owner of record due to a substandard dwelling. Several complaints had been filed by area residents. The Abatement Notice provided Mr.Danuck with 30 days to abate the property.
After multiple site visits were conducted by Code Enforcement staff over the life of the case, it was observed during this time that there was no compliance noted on the property. After no contact with the property owner of record, Code Enforcement staff had the substandard dwelling tested for suspected asbestos containing building materials (ACBM).
On May 24, 2017 Code Enforcement staff solicited and obtained bids for the removal of asbestos and abatement of the substandard dwelling. On August 22, 2017, a Courtesy Notification letter was prepared, sent by Certified Mail and a copy posted on the dwelling of the subject property. The letter informed the property owner that the County was moving forward with abatement actions. The letter was not returned by the Post Office and there was no contact with the property owner.
On September 13, 2017 a local contractor was awarded the contract for the asbestos removal and demolition of the substandard dwelling. The identified asbestos was removed from the dwelling, however due to scheduling conflicts the contractor was not able to start demolition work until December 17, 2017. The contractor contacted Code Enforcement informing them the job was done. On December 19, 2017 a follow up site visit was conducted by Code Enforcement personnel, confirming the contractor had completed the work.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): The cost of the contractor and administrative costs are paid by the Nuisance Abatement Fund. If approved by the Board of Supervisors, these costs become a lien against the property. It is not anticipated that these funds will be recovered until the lien is paid.
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDATION:
Staff recommends the Board of Supervisors confirm the assessment of $17,327.72 and direct staff to Record a Notice of Lien against the property. The cost of abatement services was $16,919.50. The administrative costs on this case amounted to $408.22.
Sample Motion:
I move that the assessment of $17,327.72 for nuisance abatement on property located at 12545 Lakeview Drive, Clearlake Oaks, CA, also known as Assessors Parcel Number 035-152-65, and owned by John J. Danuck be confirmed and the Enforcement Official be directed to prepare and have recorded in the office of the Lake County Recorder, a Notice of Lien in the amount of $17,327.72 pursuant to Lake County Ordinance Code Chapter 13, Section 13-43.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Robert Massarelli, Community Development Director
Kathy Freeman, Code Enforcement Program Supervisor
PREPARED BY: Michael Penhall, Code Enforcement Officer
DATE: February 27, 2018
SUBJECT: Notice of Assessment & Lien Hearing for John J. Danuck, Supervisorial District 3
ATTACHMENTS: 1. Notice of Nuisance and Order to Abate
2. Notice of Assessment
3. Proposed Notice of Lien
4. Contractor's Invoice(s)
5. Task Sheet
EXECUTIVE SUMMARY:
I. PROPERTY OUTLINE:
Property Owner: John J. Danuck
Location: 12545 Lakeview Drive, Clearlake Oaks CA
APN: 035-152-65
Zoning: "R1", Single-Family Residential District
Case #: 16-0025
II. ABATEMENT SUMMARY
On December 2, 2016, a Notice of Nuisance and Order to Abate was prepared and posted at 12545 Lakeview Drive, Clearlake Oaks, CA, within the Clearlake Oaks Subdivision, and mailed, certified to the property owner of record due to a substandard dwelling. Several complaints had been filed by area residents. The Abatement Notice provided Mr.Danuck with 30 days to abate the property.
After multiple site visits were conducted by Code Enforcement staff over the life of the case, it was observed during this time that there was no compliance noted on the property. After no contact with the property owner of record, Code Enforcement staff had the substandard dwelling tested for suspected asbestos containing building materials (ACBM).
On May 24, 2017 Code Enforcement staff solicited and obtained bids for the removal of asbestos and abatement of the substandard dwelling. On August 22, 2017, a Courtesy Notification letter was prepared, sent by Certified Mail and a copy posted on the dwelling of the subject property. The letter informed the property owner that the County was moving forward with abatement actions. The letter was not returned by the Post Office and there was no contact with the property owner.
On September 13, 2017 a local contractor was awarded the contract for the asbestos removal and demolition of the substandard dwelling. The identified asbestos was removed from the dwelling, however due to scheduling conflicts the contractor was not able to start demolition work until December 17, 2017. The contractor contacted Code Enforcement informing them the job was done. On December 19, 2017 a follow up site visit was conducted by Code Enforcement personnel, confirming the contractor had completed the work.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): The cost of the contractor and administrative costs are paid by the Nuisance Abatement Fund. If approved by the Board of Supervisors, these costs become a lien against the property. It is not anticipated that these funds will be recovered until the lien is paid.
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDATION:
Staff recommends the Board of Supervisors confirm the assessment of $17,327.72 and direct staff to Record a Notice of Lien against the property. The cost of abatement services was $16,919.50. The administrative costs on this case amounted to $408.22.
Sample Motion:
I move that the assessment of $17,327.72 for nuisance abatement on property located at 12545 Lakeview Drive, Clearlake Oaks, CA, also known as Assessors Parcel Number 035-152-65, and owned by John J. Danuck be confirmed and the Enforcement Official be directed to prepare and have recorded in the office of the Lake County Recorder, a Notice of Lien in the amount of $17,327.72 pursuant to Lake County Ordinance Code Chapter 13, Section 13-43.
On motion of Supervisor Simon, and by vote of the Board, confirmed the assessment of $17,327.72 and directed staff to record a Notice of Lien against the property. The motion carried by the following vote:
Clerk’s notes: Clerk swore in all parties to this hearing.
Community Development Code Enforcement Officer Mike Penhall presented the item to the Board.
Chair Steele asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
8.59:25 A.M. - HEARING - Nuisance Abatement Assessment confirmation and proposed recordation of Notice of Lien in the amount of $13,069.00, for 7271 Sierra Street, Nice (APN 031-142-05 - Dominique L. McGowen)
Action Item
approved — Pass
Carried 5-0 — moved by Smith (recovered from the archived minutes)
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Staff memo
EXECUTIVE SUMMARY:
I. PROPERTY OUTLINE:
Property Owner: Dominique J. McGowen
Location: 7271 Sierra Street, Nice, CA
APN: 031-142-05
Zoning: "R1", Single-Family Residential District
Case #: 13-00206
II. ABATEMENT SUMMARY
On June 21, 2013, a Notice of Nuisance and Order to Abate was prepared and posted at 7271 Sierra Street, Nice, CA, within the Clearlake Villas Subdivision, and mailed, certified to the property owner of record due to an abandoned, substandard dwelling with open and outdoor storage of junk, trash and debris. Several complaints had been filed by area residents. The Abatement Notice provided Ms. McGowen with 30 days to abate the property.
Multiple site visits were conducted by Code Enforcement staff over the life of the case. It was observed during this time that there was minimal or no compliance noted on the property. On April 27, 2016, a Courtesy Notification letter was prepared and sent Certified Mail to the property owner of record. The letter requested the property owner to contact the office within 10 days to discuss the case. On May 17, 2016 the letter was returned by the post office as "undeliverable". County records were researched and no other address was found. After no contact with the property owner of record, Code Enforcement staff arranged to have the dwelling tested for suspected asbestos containing building materials (ACBM).
On May 24, 2017 Code Enforcement staff solicited and obtained bids for the removal of asbestos and abatement of the substandard dwelling. On August 22, 2017, a Courtesy Notification letter was prepared and sent by Certified Mail and a copy posted on the substandard dwelling. The letter informed the property owner that the County was moving forward with abatement actions. The letter was not returned by the Post Office and there was no contact from the property owner.
On September 13, 2017, a local contractor was awarded the contract for the asbestos removal and demolition of the substandard dwelling. The identified asbestos was removed from the dwelling, however due to scheduling conflicts the contractor was not able to start demolition work until December 12, 2017. The contractor contacted Code Enforcement informing them the job was done. On December 15, 2017 a follow up site visit was conducted by Code Enforcement personnel, confirming the contractor had completed the work.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): The cost of the contractor and administrative costs are paid by the Nuisance Abatement Fund. If approved by the Board of Supervisors, these costs become a lien against the property. It is not anticipated that these funds will be recovered until the lien is paid.
STAFFING IMPACT (if applicable): None
..Recommended Action
III. RECOMMENDATION:
Staff recommends the Board of Supervisors confirm the assessment of $13,069.00 and direct staff to Record a Notice of Lien against the property. The cost of abatement services was $12,363.50. The administrative costs on this case amounted to $705.50.
Sample Motion:
I move that the assessment of $13,069.00 for nuisance abatement on property located at 7271 Sierra Street, Nice CA, also known as Assessor's Parcel Number 031-142-05, and owned by Dominique L. McGowen be confirmed and the Enforcement Official be directed to prepare and have recorded in the office of the Lake County Recorder, a Notice of Lien in the amount of $13,069.00 pursuant to Lake County Ordinance Code Chapter 13, Section 13-43.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Robert Massarelli, Community Development Director
Kathy Freeman, Code Enforcement Program Supervisor
PREPARED BY: Michael Penhall, Code Enforcement Officer
DATE: February 27, 2018
SUBJECT: Notice of Assessment & Lien Hearing for Dominique L. McGowen; property located at 7271 Sierra Street, Nice (APN 031-142-05)
ATTACHMENTS: 1. Notice of Nuisance and Order to Abate
2. Notice of Assessment
3. Proposed Notice of Lien
4. Contractor (s) Invoice
5. Task Sheet
EXECUTIVE SUMMARY:
I. PROPERTY OUTLINE:
Property Owner: Dominique J. McGowen
Location: 7271 Sierra Street, Nice, CA
APN: 031-142-05
Zoning: "R1", Single-Family Residential District
Case #: 13-00206
II. ABATEMENT SUMMARY
On June 21, 2013, a Notice of Nuisance and Order to Abate was prepared and posted at 7271 Sierra Street, Nice, CA, within the Clearlake Villas Subdivision, and mailed, certified to the property owner of record due to an abandoned, substandard dwelling with open and outdoor storage of junk, trash and debris. Several complaints had been filed by area residents. The Abatement Notice provided Ms. McGowen with 30 days to abate the property.
Multiple site visits were conducted by Code Enforcement staff over the life of the case. It was observed during this time that there was minimal or no compliance noted on the property. On April 27, 2016, a Courtesy Notification letter was prepared and sent Certified Mail to the property owner of record. The letter requested the property owner to contact the office within 10 days to discuss the case. On May 17, 2016 the letter was returned by the post office as "undeliverable". County records were researched and no other address was found. After no contact with the property owner of record, Code Enforcement staff arranged to have the dwelling tested for suspected asbestos containing building materials (ACBM).
On May 24, 2017 Code Enforcement staff solicited and obtained bids for the removal of asbestos and abatement of the substandard dwelling. On August 22, 2017, a Courtesy Notification letter was prepared and sent by Certified Mail and a copy posted on the substandard dwelling. The letter informed the property owner that the County was moving forward with abatement actions. The letter was not returned by the Post Office and there was no contact from the property owner.
On September 13, 2017, a local contractor was awarded the contract for the asbestos removal and demolition of the substandard dwelling. The identified asbestos was removed from the dwelling, however due to scheduling conflicts the contractor was not able to start demolition work until December 12, 2017. The contractor contacted Code Enforcement informing them the job was done. On December 15, 2017 a follow up site visit was conducted by Code Enforcement personnel, confirming the contractor had completed the work.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): The cost of the contractor and administrative costs are paid by the Nuisance Abatement Fund. If approved by the Board of Supervisors, these costs become a lien against the property. It is not anticipated that these funds will be recovered until the lien is paid.
STAFFING IMPACT (if applicable): None
..Recommended Action
III. RECOMMENDATION:
Staff recommends the Board of Supervisors confirm the assessment of $13,069.00 and direct staff to Record a Notice of Lien against the property. The cost of abatement services was $12,363.50. The administrative costs on this case amounted to $705.50.
Sample Motion:
I move that the assessment of $13,069.00 for nuisance abatement on property located at 7271 Sierra Street, Nice CA, also known as Assessor's Parcel Number 031-142-05, and owned by Dominique L. McGowen be confirmed and the Enforcement Official be directed to prepare and have recorded in the office of the Lake County Recorder, a Notice of Lien in the amount of $13,069.00 pursuant to Lake County Ordinance Code Chapter 13, Section 13-43.
On motion of Supervisor Smith, and by vote of the Board, confirmed the assessment of $13,069.00 and directed staff to record a Notice of Lien against the property. The motion carried by the following vote:
Clerk’s notes: Clerk swore in all parties to this hearing.
Community Development Code Enforcement Officer Mike Penhall presented the item to the Board.
Chair Steele asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
8.69:30 A.M. - PUBLIC HEARING - Consideration of Appeal (AB 17-06) of the Planning Commission's denial of Use Permit (UP 17-06) and Design Review (DR 17-07) for an Off-site Billboard Sign, property located at 2325 East Highway 20, Nice (APN 004-055-37); Appellant is Stott Outdoor Advertising, on behalf of property owners Larry and Francis Montgomery
Public Hearing
approved with conditions
Staff memo
EXHIBITS: A. Vicinity Map
B. Planning Commission Staff Report dated October 11, 2017
C. Planning Commission Minutes of October 26, 2017
D. Appeal Application AB 17-06 with Applicant's Exhibits I - IV
I. BACKGROUND
The appellant is appealing the Planning Commission's October 26, 2017 denial of Major Use Permit, UP 17-06, and Design Review, DR 17-07 for an off-site sign (billboard) at 2325 E. Highway 20, Nice. A timely appeal to the Board of Supervisors (AB17-06) of the Planning Commission's decision was received on November 2, 2017. Staff is recommending that the Board of Supervisors uphold the Planning Commission's denial decision and deny the appeal.
II. ENVIRONMENTAL ANALYSIS
Pursuant to CEQA Section 15270, projects which are disapproved are not subject to CEQA.
III. MAJOR USE PERMIT AND DESIGN REVIEW FINDINGS
There are six required findings for approval of a Major Use Permit and eight required findings for approval of a Design Review Permit. There is some duplicity in these findings, so they are identified by 'UP' and 'DR' to differentiate between them, as follows.
(a) The Review Authority may only approve or conditionally approve a major use permit and / or a design review permit if all of the following findings are made:
Use Permit Finding #1
That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County.
The proposed sign will have a detrimental effect on the viewshed within this defined area within the Upper Lake - Nice Area Plan. The site is small (8200 square feet or about the size of a small residential lot) and vacant; the scale of the sign will stand out more due to the undeveloped parcel and its undeveloped neighboring parcels.
View of the Site and Viewshed from across Highway 20
Design Review Finding #1
That the proposed use is a permitted use in the district where located.
This site is zoned Service Commercial "C3" (and DR Design Review) which allows off site signs (billboards) subject to approval of a major use permit and design review.
Use Permit Finding #2
That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed.
Design Review Finding #2
That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed.
The subject site is small; about 0.19 acres (8200 square feet), which appears to be too small in terms of scale to easily accommodate this proposed billboard.
Use Permit Finding #3
That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use.
Design Review Finding #7
That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use.
The Planning Commission found that the sign would be a distraction to drivers and as such could become a safety issue, and could not make a finding that the sign complies with these criteria.
Use Permit Finding # 4
That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project.
Design Review Finding # 3
That there are adequate public and private services, including but not limited to fire protection, water supply, and sewage disposal.
The site has adequate services for the sign which just requires power.
Design Review Finding # 5
That the placement and design of buildings and structures are compatible with existing development and will not detract from the visual setting.
The sign is large; 300 square feet per side, and 22 feet tall. The site however is small and undeveloped (8200 square feet in gross area, or about the size of a small residential lot). The immediate area is undeveloped, which will further exacerbate the scale of the sign. The impact of the sign would be lessened if there were development on the subject site and adjacent sites, however this area is primarily undeveloped. See photo below.
Aerial Photo of Site and Immediate Vicinity
Use Permit Finding #5
That the project is in conformance with the applicable provisions and policies of this Code, the General Plan and any approved zoning or land use plan.
Design Review Finding # 4
That the project is in conformance with the applicable provisions and policies of this Chapter, the Lake County General Plan and any approved zoning or land use study or plan.
This proposal is not consistent with certain policies in the General Plan (Policies no. LU 1.3, LU 5.4, LU 7.4, LU 7.7, LU 7.9, LU 7.19, T 1.11 and OSC 2.2), with certain Chapters of the Upper Lake - Nice Area Plan (Chapter 3, Scenic Corridors, page 3-20; Appendix B, pages B-9 and B-10, and Appendix C, page C-3), and with certain Zoning Code standards and criteria (Article 51.4(1), (2) and (4), and with this subsection). The discussion is as follows:
GENERAL PLAN.
The following General Plan policies relate to site development in the context of this proposal:
Policy LU-1.3 Prevent Incompatible Uses The County shall prevent the intrusion of new incompatible land uses into existing community areas.
The proposed sign is incompatible with certain General Plan policies and with several chapters within the Upper Lake - Nice Area Plan, which recommends that billboards be prohibited in Scenic Corridors.
The Upper Lake - Nice Area Plan, Chapter 3, Natural Resources, page 3-20, "Scenic Corridors", states:
'General plan policies encouraged the protection and enhancement of Lake County's scenic highways and resources. The major purpose of this objective is to promote the county's recreation-based economy and provide a high level of scenic quality to residents and visitors alike. There are many panoramic views and scenic highway viewsheds within the Upper Lake - Nice Planning Area, including mountainous and hillside vistas with riparian and natural resources.
'Mountain viewsheds include Elk Mountain and Hogback Ridge to the north and the Mayacamas Mountains to the west of the planning area. Vistas of Blue Lakes and Clear Lake are also available along portions of Highway 20.
'The value and continued enjoyment of these scenes is dependent upon the knowledge that views and viewsheds can change over time. To maintain the quality of the view shed, offsite commercial signs and billboards should be prohibited in designated scenic corridors. Increasing development, if not properly regulated, can also diminish this resource, (emphasis added)
The sign is large; 300 square feet per side, and 22 feet tall. The site however is small, 8200 square feet in gross area, or about the size of a small residential lot. The immediate area is undeveloped, which will further enhance the scale of the sign. The impact of the sign would be lessened if there were development on the subject site and adjacent sites, however this area is primarily undeveloped.
Policy LU-5.4 Compatibility with Surrounding Land Use. The County shall ensure that appropriate industrial / heavy commercial sites will not result in harmful impacts to adjacent land uses. In addition, sites should be designed to prevent the intrusion of incompatible uses into industrial areas. Infilling of existing industrial areas is highly desirable where feasible.
The sign will be located on a vacant lot. A finding of compatibility with vacant land cannot be made due to the disparity of the scale of the sign with the undeveloped land. The site is surrounded by vacant C3 zoning to the southeast, south and west. Across Highway 20 is land zoned PDC, similar to the C3 zone in terms of permitted uses.
Policy LU-7.4 Contextual and Compatible Design The County shall ensure that new development respects Lake County's heritage by requiring that development respond to its context, be compatible with the traditions and character of each community, and develop in an orderly fashion which is compatible with the scale of surrounding structures.
There is already one billboard in the vicinity (see aerial photo below). The subject billboard is out of scale with the lot, which is about 8200 square feet in size. If there were buildings on the subject site, the scale disparity might not be as obvious, however the vacant lot causes the scale and size of the billboard to be much greater than it would be if the site were developed.
Subject site and existing vicinity billboards
Policy LU-7.7 Blight Removal Target Areas. The County shall eliminate or mitigate urban blight or factors that might lead to urban blight around Clear Lake, especially in the four redevelopment areas...
The new sign will not represent blight. It does however create the potential for future blight if it is not well maintained over the course of time.
Policy LU-7-19 Billboards. The County shall address, as part of a Zoning Ordinance update, commercial design guidelines on billboards, along with amortization provisions, as necessary to protect and preserve the beauty, character, economic and aesthetic value of the County.
The Zoning Ordinance was updated in 2009. This billboard will NOT protect or preserve the beauty, character or aesthetic value of the County. It will damage the sky line in this vicinity to a degree. It will add to sign clutter.
Policy T-1.11 Protection of Scenic Corridors. Develop and maintain roads and highways in a manner that protects natural and scenic resources.
Highway 20 in this location is a locally-designated Scenic Highway and is eligible for designation as a Scenic State Highway. The Upper Lake - Nice Area Plan says that billboards should be prohibited in Scenic Corridors.
The sign is within the Nice community growth boundary as well as within a scenic corridor. The sign is set back 10' from the highway to maximize its functionality and exceeds its 20' height limit by 2'. The height exception can be allowed by the Board of Supervisors subject to the approval of this Major Use Permit, however the sign itself is not compliant with this policy as it will block and obscure a portion of the viewshed in this location.
Subject Site and Western Limit Line of the Nice Community Growth Boundary
Design Review Finding #6
That the project is in conformance with any applicable community design manual criteria.
There are no applicable design standards in the Area Plan, however there are applicable design standards in the Zoning Ordinance (Chapter 45, subsections 20 through 22). Conformance was not evaluated because of the denial recommendation.
Use Permit Finding #6
That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety or general welfare basis.
Design Review Finding # 8
That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety or general welfare basis.
The department has no record of current violations of Chapters 5, 17, 21, 23 or 26 of the Lake County Code.
IV. SUMMARY OF APPELLANT'S STATEMENTS
The applicant / appellant provided discussion on their position regarding the proposed sign (Exhibit D):
1. "Statements made by the planning commissioners which could be considered prejudicial prior to hearing any public testimony.
2. "Denying the project to receive direction from the Board of Supervisors rather than acting on the merits of the project.
3. "Using inapplicable policies and design guidelines in the Upper Lake - Nice Area Plan as reasons for denial.
4. "Assertions in the staff report that the project is incompatible with surrounding land uses without providing any significant discussion of compatibility.
5. "Insufficient consideration given to the General Plan and Upper Lake - Nice Area Plan policies which encourage growth and development at this specific site.
V. FISCAL IMPACT:
Budgeted X
Non-Budgeted _ None _
Annual Cost (if planned for future years): N/A
VI. FISCAL IMPACT (Narrative): Action taken by the Board will have no fiscal impact on the County.
VII. STAFFING IMPACT (if applicable): N/A
VIII. CONCLUSION
The appeal form (BOS Exhibit D) submitted by the appellant disagrees with the findings that were made by the Planning Commission. The Planning Commission found that the proposed sign was not in conformance with the Use Permit or Design Review findings due to the height of the sign requiring approval of a Major Use Permit for an increase in height, sign proliferation, existing poorly maintained signage and signs were distracting to drivers.
Staff is recommending denial of this Use Permit and Design Review and did not prepare the environmental review under the California Environmental Quality Act. If the Board of Supervisors choses to uphold the appeal staff will need to prepare the environmental review and prepare conditions for the project.
Reviewed by:
..Recommended Action
IX. RECOMMENDATION:
Staff recommends the Board of Supervisors make a motion of intended decision to deny the Appeal AB 17-06 and uphold the Planning Commissions denial of Use Permit UP 17-06 and Design Review DR 17-07.
Sample Motion:
Appeal Denial
I move that the Board of Supervisors make an intended decision to deny the Appeal AB 17-06 and uphold the Planning Commission's denial of Use Permit 17-06 and Design Review DR 17-07 applied for by Stott Outdoor Advertising for property located at 2325 E. State Highway 20, Nice and direct County Counsel to prepare findings of fact.
3 | Page
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Robert Massarelli, Community Development Director
Eric Porter, Associate Planner
DATE: February 27, 2018
SUBJECT: Appeal of the Planning Commission's Denial of Major Use Permit and Design Review (Montgomery; Files No. UP 17-06 and DR 17-07) to allow the Construction of a new Off-Site Sign (Billboard); Nice, CA. AB 17-06. APN 004-055-37. Supervisor District 3.
EXHIBITS: A. Vicinity Map
B. Planning Commission Staff Report dated October 11, 2017
C. Planning Commission Minutes of October 26, 2017
D. Appeal Application AB 17-06 with Applicant's Exhibits I - IV
I. BACKGROUND
The appellant is appealing the Planning Commission's October 26, 2017 denial of Major Use Permit, UP 17-06, and Design Review, DR 17-07 for an off-site sign (billboard) at 2325 E. Highway 20, Nice. A timely appeal to the Board of Supervisors (AB17-06) of the Planning Commission's decision was received on November 2, 2017. Staff is recommending that the Board of Supervisors uphold the Planning Commission's denial decision and deny the appeal.
II. ENVIRONMENTAL ANALYSIS
Pursuant to CEQA Section 15270, projects which are disapproved are not subject to CEQA.
III. MAJOR USE PERMIT AND DESIGN REVIEW FINDINGS
There are six required findings for approval of a Major Use Permit and eight required findings for approval of a Design Review Permit. There is some duplicity in these findings, so they are identified by 'UP' and 'DR' to differentiate between them, as follows.
(a) The Review Authority may only approve or conditionally approve a major use permit and / or a design review permit if all of the following findings are made:
Use Permit Finding #1
That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County.
The proposed sign will have a detrimental effect on the viewshed within this defined area within the Upper Lake - Nice Area Plan. The site is small (8200 square feet or about the size of a small residential lot) and vacant; the scale of the sign will stand out more due to the undeveloped parcel and its undeveloped neighboring parcels.
View of the Site and Viewshed from across Highway 20
Design Review Finding #1
That the proposed use is a permitted use in the district where located.
This site is zoned Service Commercial "C3" (and DR Design Review) which allows off site signs (billboards) subject to approval of a major use permit and design review.
Use Permit Finding #2
That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed.
Design Review Finding #2
That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed.
The subject site is small; about 0.19 acres (8200 square feet), which appears to be too small in terms of scale to easily accommodate this proposed billboard.
Use Permit Finding #3
That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use.
Design Review Finding #7
That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use.
The Planning Commission found that the sign would be a distraction to drivers and as such could become a safety issue, and could not make a finding that the sign complies with these criteria.
Use Permit Finding # 4
That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project.
Design Review Finding # 3
That there are adequate public and private services, including but not limited to fire protection, water supply, and sewage disposal.
The site has adequate services for the sign which just requires power.
Design Review Finding # 5
That the placement and design of buildings and structures are compatible with existing development and will not detract from the visual setting.
The sign is large; 300 square feet per side, and 22 feet tall. The site however is small and undeveloped (8200 square feet in gross area, or about the size of a small residential lot). The immediate area is undeveloped, which will further exacerbate the scale of the sign. The impact of the sign would be lessened if there were development on the subject site and adjacent sites, however this area is primarily undeveloped. See photo below.
Aerial Photo of Site and Immediate Vicinity
Use Permit Finding #5
That the project is in conformance with the applicable provisions and policies of this Code, the General Plan and any approved zoning or land use plan.
Design Review Finding # 4
That the project is in conformance with the applicable provisions and policies of this Chapter, the Lake County General Plan and any approved zoning or land use study or plan.
This proposal is not consistent with certain policies in the General Plan (Policies no. LU 1.3, LU 5.4, LU 7.4, LU 7.7, LU 7.9, LU 7.19, T 1.11 and OSC 2.2), with certain Chapters of the Upper Lake - Nice Area Plan (Chapter 3, Scenic Corridors, page 3-20; Appendix B, pages B-9 and B-10, and Appendix C, page C-3), and with certain Zoning Code standards and criteria (Article 51.4(1), (2) and (4), and with this subsection). The discussion is as follows:
GENERAL PLAN.
The following General Plan policies relate to site development in the context of this proposal:
Policy LU-1.3 Prevent Incompatible Uses The County shall prevent the intrusion of new incompatible land uses into existing community areas.
The proposed sign is incompatible with certain General Plan policies and with several chapters within the Upper Lake - Nice Area Plan, which recommends that billboards be prohibited in Scenic Corridors.
The Upper Lake - Nice Area Plan, Chapter 3, Natural Resources, page 3-20, "Scenic Corridors", states:
'General plan policies encouraged the protection and enhancement of Lake County's scenic highways and resources. The major purpose of this objective is to promote the county's recreation-based economy and provide a high level of scenic quality to residents and visitors alike. There are many panoramic views and scenic highway viewsheds within the Upper Lake - Nice Planning Area, including mountainous and hillside vistas with riparian and natural resources.
'Mountain viewsheds include Elk Mountain and Hogback Ridge to the north and the Mayacamas Mountains to the west of the planning area. Vistas of Blue Lakes and Clear Lake are also available along portions of Highway 20.
'The value and continued enjoyment of these scenes is dependent upon the knowledge that views and viewsheds can change over time. To maintain the quality of the view shed, offsite commercial signs and billboards should be prohibited in designated scenic corridors. Increasing development, if not properly regulated, can also diminish this resource, (emphasis added)
The sign is large; 300 square feet per side, and 22 feet tall. The site however is small, 8200 square feet in gross area, or about the size of a small residential lot. The immediate area is undeveloped, which will further enhance the scale of the sign. The impact of the sign would be lessened if there were development on the subject site and adjacent sites, however this area is primarily undeveloped.
Policy LU-5.4 Compatibility with Surrounding Land Use. The County shall ensure that appropriate industrial / heavy commercial sites will not result in harmful impacts to adjacent land uses. In addition, sites should be designed to prevent the intrusion of incompatible uses into industrial areas. Infilling of existing industrial areas is highly desirable where feasible.
The sign will be located on a vacant lot. A finding of compatibility with vacant land cannot be made due to the disparity of the scale of the sign with the undeveloped land. The site is surrounded by vacant C3 zoning to the southeast, south and west. Across Highway 20 is land zoned PDC, similar to the C3 zone in terms of permitted uses.
Policy LU-7.4 Contextual and Compatible Design The County shall ensure that new development respects Lake County's heritage by requiring that development respond to its context, be compatible with the traditions and character of each community, and develop in an orderly fashion which is compatible with the scale of surrounding structures.
There is already one billboard in the vicinity (see aerial photo below). The subject billboard is out of scale with the lot, which is about 8200 square feet in size. If there were buildings on the subject site, the scale disparity might not be as obvious, however the vacant lot causes the scale and size of the billboard to be much greater than it would be if the site were developed.
Subject site and existing vicinity billboards
Policy LU-7.7 Blight Removal Target Areas. The County shall eliminate or mitigate urban blight or factors that might lead to urban blight around Clear Lake, especially in the four redevelopment areas...
The new sign will not represent blight. It does however create the potential for future blight if it is not well maintained over the course of time.
Policy LU-7-19 Billboards. The County shall address, as part of a Zoning Ordinance update, commercial design guidelines on billboards, along with amortization provisions, as necessary to protect and preserve the beauty, character, economic and aesthetic value of the County.
The Zoning Ordinance was updated in 2009. This billboard will NOT protect or preserve the beauty, character or aesthetic value of the County. It will damage the sky line in this vicinity to a degree. It will add to sign clutter.
Policy T-1.11 Protection of Scenic Corridors. Develop and maintain roads and highways in a manner that protects natural and scenic resources.
Highway 20 in this location is a locally-designated Scenic Highway and is eligible for designation as a Scenic State Highway. The Upper Lake - Nice Area Plan says that billboards should be prohibited in Scenic Corridors.
The sign is within the Nice community growth boundary as well as within a scenic corridor. The sign is set back 10' from the highway to maximize its functionality and exceeds its 20' height limit by 2'. The height exception can be allowed by the Board of Supervisors subject to the approval of this Major Use Permit, however the sign itself is not compliant with this policy as it will block and obscure a portion of the viewshed in this location.
Subject Site and Western Limit Line of the Nice Community Growth Boundary
Design Review Finding #6
That the project is in conformance with any applicable community design manual criteria.
There are no applicable design standards in the Area Plan, however there are applicable design standards in the Zoning Ordinance (Chapter 45, subsections 20 through 22). Conformance was not evaluated because of the denial recommendation.
Use Permit Finding #6
That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety or general welfare basis.
Design Review Finding # 8
That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety or general welfare basis.
The department has no record of current violations of Chapters 5, 17, 21, 23 or 26 of the Lake County Code.
IV. SUMMARY OF APPELLANT'S STATEMENTS
The applicant / appellant provided discussion on their position regarding the proposed sign (Exhibit D):
1. "Statements made by the planning commissioners which could be considered prejudicial prior to hearing any public testimony.
2. "Denying the project to receive direction from the Board of Supervisors rather than acting on the merits of the project.
3. "Using inapplicable policies and design guidelines in the Upper Lake - Nice Area Plan as reasons for denial.
4. "Assertions in the staff report that the project is incompatible with surrounding land uses without providing any significant discussion of compatibility.
5. "Insufficient consideration given to the General Plan and Upper Lake - Nice Area Plan policies which encourage growth and development at this specific site.
V. FISCAL IMPACT:
Budgeted X
Non-Budgeted _ None _
Estimated Cost: N/A Amount Budgeted: N/A Additional Requested: N/A
Annual Cost (if planned for future years): N/A
VI. FISCAL IMPACT (Narrative): Action taken by the Board will have no fiscal impact on the County.
VII. STAFFING IMPACT (if applicable): N/A
VIII. CONCLUSION
The appeal form (BOS Exhibit D) submitted by the appellant disagrees with the findings that were made by the Planning Commission. The Planning Commission found that the proposed sign was not in conformance with the Use Permit or Design Review findings due to the height of the sign requiring approval of a Major Use Permit for an increase in height, sign proliferation, existing poorly maintained signage and signs were distracting to drivers.
Staff is recommending denial of this Use Permit and Design Review and did not prepare the environmental review under the California Environmental Quality Act. If the Board of Supervisors choses to uphold the appeal staff will need to prepare the environmental review and prepare conditions for the project.
Reviewed by:
..Recommended Action
IX. RECOMMENDATION:
Staff recommends the Board of Supervisors make a motion of intended decision to deny the Appeal AB 17-06 and uphold the Planning Commissions denial of Use Permit UP 17-06 and Design Review DR 17-07.
Sample Motion:
Appeal Denial
I move that the Board of Supervisors make an intended decision to deny the Appeal AB 17-06 and uphold the Planning Commission's denial of Use Permit 17-06 and Design Review DR 17-07 applied for by Stott Outdoor Advertising for property located at 2325 E. State Highway 20, Nice and direct County Counsel to prepare findings of fact.
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IX. RECOMMENDATION:
Staff recommends the Board of Supervisors make a motion of intended decision to deny the Appeal AB 17-06 and uphold the Planning Commissions denial of Use Permit UP 17-06 and Design Review DR 17-07.
Sample Motion:
Appeal Denial
I move that the Board of Supervisors make an intended decision to deny the Appeal AB 17-06 and uphold the Planning Commission’s denial of Use Permit 17-06 and Design Review DR 17-07 applied for by Stott Outdoor Advertising for property located at 2325 E. State Highway 20, Nice and direct County Counsel to prepare findings of fact.
Clerk’s notes: Clerk swore in all parties to this hearing.
Community Development Senior Planner Michalyn DelValle introduced the item. Associate Planner Eric Porter gave a PowerPoint presentation. Stott Outdoor Advertising Executive Greg Redeker was present and gave a PowerPoint presentation on the project.
Chair Steele opened the public hearing and asked if anyone present wished to speak and Cheryl Carr, Gene Paleno and Phil Moy spoke. No one else wished to speak and the public hearing was closed.
8.710:00 A.M. - PUBLIC HEARING - Consideration of Appeal (AB 17-05) of Planning Commission's Denial of Major Use Permit (UP 17-10) and Design Review (DR 17-05) to allow a new Off-site Billboard Sign; project located at 13550 East Highway 20, Clearlake Oaks (APN 006-510-31); Appellant is Richard Kuehn
Public Hearing
denied — Pass
Carried 4-1 — moved by Steele (recovered from the archived minutes)
Brown: aye Scott: aye Simon: nay Smith: aye Steele: aye
Brown: aye Scott: aye Simon: nay Smith: aye Steele: aye
Staff memo
I. BACKGROUND
The appellant is appealing the Planning Commission's October 26, 2017 denial of a Major Use Permit and Design Review (files no. UP 17-10 and DR 17-05) that would have allowed an off-site sign (billboard) at the subject site, 13550 E. Highway 20, Clearlake Oaks. A timely appeal to the Board of Supervisors (AB17-05) of the Planning Commission's decision was received on November 2, 2017. Staff is recommending that the Board of Supervisors uphold the Planning Commission's denial decision and deny the appeal.
II. ENVIRONMENTAL ANALYSIS
Pursuant to CEQA Section 15270, projects which are disapproved are not subject to CEQA.
III. MAJOR USE PERMIT AND DESIGN REVIEW FINDINGS
There are six required findings for approval of a Major Use Permit and eight required findings for approval of a Design Review Permit. There is some duplicity in these findings, so they are identified by 'UP' and 'DR' to differentiate between them, as follows.
(a) The Review Authority may only approve or conditionally approve a major use permit and / or a design review permit if all of the following findings are made:
Use Permit Finding #1
That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County.
The proposed sign will have a detrimental effect on the viewshed within this defined area within the Shoreline Communities Area Plan by adding to sign clutter and diminished viewshed within this scenic corridor.
Subject Site
Design Review Finding #1
That the proposed use is a permitted use in the district where located.
This site is zoned "Planned Development Commercial - Design Review" which allows off site signs (billboards) subject to approval of a major use permit and design review.
Use Permit Finding #2
That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed.
Design Review Finding #2
That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed.
The subject site is 4.1 acres in size, large enough to accommodate this proposed billboard.
Use Permit Finding #3
That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use.
Design Review Finding #7
That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use.
The Planning Commission found that the sign would be a distraction to drivers and as such could become a safety issue, and could not make a finding that the sign complies with this criterion.
Use Permit Finding #4
That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project.
Design Review Finding #3
That there are adequate public and private services, including but not limited to fire protection, water supply, and sewage disposal.
The site has adequate services for the sign which just requires power.
Design Review Finding #5
That the placement and design of buildings and structures are compatible with existing development and will not detract from the visual setting.
The sign is large; 20' tall and 200 square feet per sign face (two faces total). The 4.1 acre site is undeveloped and has been used for wine grape production.
Use Permit Finding #5
That the project is in conformance with the applicable provisions and policies of this Code, the General Plan and any approved zoning or land use plan.
Design Review Finding #4
That the project is in conformance with the applicable provisions and policies of this Chapter, the Lake County General Plan and any approved zoning or land use study or plan.
This proposal is not consistent with certain policies in the General Plan (policies no. LU 1.3, LU 5.4, LU 7.4, LU 7.9, LU 7.19; T 1.11; OSC 1.18, OSC 2.2 and OSC 2.13), and with portions of the Shoreline Communities Area Plan (Chapter 6, subsection 6.4, pages 6-14 and 6-15; and Chapter 7, subsection F). The discussion for each is as follows:
GENERAL PLAN.
The following General Plan policies relate to site development in the context of this proposal:
Policy LU-1.3 Prevent Incompatible Uses. The County shall prevent the intrusion of new incompatible land uses into existing community areas.
The proposed sign is incompatible with certain General Plan policies and with several chapters within the Shoreline Communities Area Plan, which recommends that billboards be prohibited in Scenic Corridors.
Page 6-14 of the Shoreline Communities Area Plan states:
"...Large individual advertising signs along the highway frontage should be avoided. Offsite billboard type advertising should also be prohibited."
Policy LU-5.4 Compatibility with Surrounding Land Use. The County shall ensure that appropriate industrial / heavy commercial sites will not result in harmful impacts to adjacent land uses. In addition, sites should be designed to prevent the intrusion of incompatible uses into industrial areas. Infilling of existing industrial areas is highly desirable where feasible.
The subject site is zoned PDC (Planned Development Commercial, but has historically been used for agricultural (wine grape) production.
Policy LU-7.4 Contextual and Compatible Design. The County shall ensure that new development respects Lake County's heritage by requiring that development respond to its context, be compatible with the traditions and character of each community, and develop in an orderly fashion which is compatible with the scale of surrounding structures.
The billboard is out of scale with the vacant lot. If there were buildings on the subject site, this might not be the case, however the vacant lot causes the scale and size of the billboard to appear much greater than it would be if the site were developed.
Policy LU-7.7 Blight Removal Target Areas. The County shall eliminate or mitigate urban blight or factors that might lead to urban blight around Clear Lake, especially in the four redevelopment areas...
During the October 26th 2017 hearing, several Planning Commissioners stated that there are many billboards in the County, and that a number of them are poorly maintained. The new sign will not represent blight. It does however create the potential for future blight if it is not well maintained over the course of time.
Policy LU-7-19 Billboards. The County shall address, as part of a Zoning Ordinance update, commercial design guidelines on billboards, along with amortization provisions, as necessary to protect and preserve the beauty, character, economic and aesthetic value of the County..
The Zoning Ordinance, Chapter 45 (Signs), subsection 20-22 (Off Site Signs and Billboards) was updated in 2009. This billboard will NOT protect or preserve the beauty, character or aesthetic value of the County. It will damage the sky line in this vicinity to a degree. It will add to sign clutter. It is immediately adjacent to another lot that was approved for a similar billboard on April 24, 2014.
Policy T-1.11 Protection of Scenic Corridors. Develop and maintain roads and highways in a manner that protects natural and scenic resources.
Highway 20 in this location is a locally-designated Scenic Highway and is eligible for designation as a Scenic State Highway. The proposed billboard with not protect natural or scenic resources, but rather will detract from them by adding to sign clutter and reducing visibility of the natural surrounding environment.
Policy HS-2.2 Development Near Fault Zones The siting of residential, commercial, recreational, or industrial structures on or adjacent to known active or potentially active fault zones should be avoided. In areas of known seismic hazards, building intensity should be dictated by a scale of acceptable risks as shown in Table 7-1.
The subject site is not located in a mapped fault zone, however there is a mapped fault zone located directly across Highway 20 from the subject site. If disturbed by a seismic event, it is unlikely that the sign could cause damage to vehicles or persons given its height (20 feet tall) and its setback from the property line (20 feet).
Policy OSC-2.2 Design Guidelines for Structures in Urbanized Areas In the urbanized areas of the County (within Community Growth Boundaries) structures within the immediate foreground of a scenic roadway should be constructed at a height and/or sited at a sufficient distance to maintain roadway and adjacent structures' views of distant, but visually significant natural features.
The sign is located within the Clearlake Oaks community growth boundary (see graphic below), and is within a scenic corridor, although Scenic Corridor standards don't apply to commercially zoned land. The sign is set back 20' from the highway to maximize its functionality and is at its height limit allowed without an exception being granted.
Clearlake Oaks Community Growth Boundary
Design Review Finding #6
That the project is in conformance with any applicable community design manual criteria.
The Shoreline Communities Area Plan does not contain community design criteria. The Zoning Ordinance however does; it is within Chapter 45 (Signs), subsection 20 - 22 (Off Site Signs and Billboards). Conformance was not evaluated because of the denial recommendation.
Use Permit Finding #6
That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety or general welfare basis.
Design Review Finding #8
That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety or general welfare basis.
The department has no record of current violations of Chapters 5, 17, 21, 23 or 26 of the Lake County Code.
V. APPELLANT'S STATEMENT. The appellant sent an email to staff on January 2, 2018 that contained the following statement as justification for this appeal:
"Members of the planning commission violated the brown act by making prejudicial comments regarding my application prior to the hearing."
VI. FISCAL IMPACT (Narrative): Action taken by the Board will have no fiscal impact on the County.
VII. CONCLUSION.
The appeal form (BOS Exhibit D) submitted by the applicant disagrees with the findings that were made by the Planning Commission. The Planning Commission found that the proposed sign was not in conformance with the Use Permit or Design Review findings due to, sign proliferation, existing poorly maintained signage and signs were distracting to drivers.
Staff recommends denial of this Use Permit and Design Review and did not prepare the environmental review under the California Environmental Quality Act. If the Board of Supervisors choses to uphold the appeal staff will need to prepare the environmental review and prepare conditions for the project.
Reviewed by:
..Recommended Action
VI. RECOMMENDATION:
Staff recommends the Board of Supervisors make a motion of intended decision to deny Appeal AB 17-05 and uphold the Planning Commission's denial of UP 17-10 and DR 17
Sample motion:
Appeal Denial
I move that the Board of Supervisors make an intended decision to deny the Appeal AB 17-05 and uphold the Planning Commission's denial of Use Permit 17-10 and Design Review DR 17-05 applied for by Richard Kuehn for property located at 13550 E. State Highway 20, Clearlake Oaks and direct County Counsel to prepare findings of fact.
Original memo text
..Title
..Body
MEMO
TO: Board of Supervisors
FROM: Robert Massarelli, Community Development Director
Eric Porter, Associate Planner
DATE: February 27, 2018
SUBJECT: Appeal of the Planning Commission's Denial of Major Use Permit and Design Review (Kuehn, Files No. UP 17-10 and DR 17-05) to allow the Construction of a new Off-Site Sign (Billboard); Clearlake Oaks, CA. AB 17-05. APN 006-510-31. Supervisor District 3.
EXHIBITS: A. Vicinity Map
B. Planning Commission Staff Report dated October 10, 2017
C. Planning Commission Minutes of October 26, 2017
D. Appeal Application AB 17-05 with support statement
I. BACKGROUND
The appellant is appealing the Planning Commission's October 26, 2017 denial of a Major Use Permit and Design Review (files no. UP 17-10 and DR 17-05) that would have allowed an off-site sign (billboard) at the subject site, 13550 E. Highway 20, Clearlake Oaks. A timely appeal to the Board of Supervisors (AB17-05) of the Planning Commission's decision was received on November 2, 2017. Staff is recommending that the Board of Supervisors uphold the Planning Commission's denial decision and deny the appeal.
II. ENVIRONMENTAL ANALYSIS
Pursuant to CEQA Section 15270, projects which are disapproved are not subject to CEQA.
III. MAJOR USE PERMIT AND DESIGN REVIEW FINDINGS
There are six required findings for approval of a Major Use Permit and eight required findings for approval of a Design Review Permit. There is some duplicity in these findings, so they are identified by 'UP' and 'DR' to differentiate between them, as follows.
(a) The Review Authority may only approve or conditionally approve a major use permit and / or a design review permit if all of the following findings are made:
Use Permit Finding #1
That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County.
The proposed sign will have a detrimental effect on the viewshed within this defined area within the Shoreline Communities Area Plan by adding to sign clutter and diminished viewshed within this scenic corridor.
Subject Site
Design Review Finding #1
That the proposed use is a permitted use in the district where located.
This site is zoned "Planned Development Commercial - Design Review" which allows off site signs (billboards) subject to approval of a major use permit and design review.
Use Permit Finding #2
That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed.
Design Review Finding #2
That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed.
The subject site is 4.1 acres in size, large enough to accommodate this proposed billboard.
Use Permit Finding #3
That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use.
Design Review Finding #7
That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use.
The Planning Commission found that the sign would be a distraction to drivers and as such could become a safety issue, and could not make a finding that the sign complies with this criterion.
Use Permit Finding #4
That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project.
Design Review Finding #3
That there are adequate public and private services, including but not limited to fire protection, water supply, and sewage disposal.
The site has adequate services for the sign which just requires power.
Design Review Finding #5
That the placement and design of buildings and structures are compatible with existing development and will not detract from the visual setting.
The sign is large; 20' tall and 200 square feet per sign face (two faces total). The 4.1 acre site is undeveloped and has been used for wine grape production.
Use Permit Finding #5
That the project is in conformance with the applicable provisions and policies of this Code, the General Plan and any approved zoning or land use plan.
Design Review Finding #4
That the project is in conformance with the applicable provisions and policies of this Chapter, the Lake County General Plan and any approved zoning or land use study or plan.
This proposal is not consistent with certain policies in the General Plan (policies no. LU 1.3, LU 5.4, LU 7.4, LU 7.9, LU 7.19; T 1.11; OSC 1.18, OSC 2.2 and OSC 2.13), and with portions of the Shoreline Communities Area Plan (Chapter 6, subsection 6.4, pages 6-14 and 6-15; and Chapter 7, subsection F). The discussion for each is as follows:
GENERAL PLAN.
The following General Plan policies relate to site development in the context of this proposal:
Policy LU-1.3 Prevent Incompatible Uses. The County shall prevent the intrusion of new incompatible land uses into existing community areas.
The proposed sign is incompatible with certain General Plan policies and with several chapters within the Shoreline Communities Area Plan, which recommends that billboards be prohibited in Scenic Corridors.
Page 6-14 of the Shoreline Communities Area Plan states:
"...Large individual advertising signs along the highway frontage should be avoided. Offsite billboard type advertising should also be prohibited."
Policy LU-5.4 Compatibility with Surrounding Land Use. The County shall ensure that appropriate industrial / heavy commercial sites will not result in harmful impacts to adjacent land uses. In addition, sites should be designed to prevent the intrusion of incompatible uses into industrial areas. Infilling of existing industrial areas is highly desirable where feasible.
The subject site is zoned PDC (Planned Development Commercial, but has historically been used for agricultural (wine grape) production.
Policy LU-7.4 Contextual and Compatible Design. The County shall ensure that new development respects Lake County's heritage by requiring that development respond to its context, be compatible with the traditions and character of each community, and develop in an orderly fashion which is compatible with the scale of surrounding structures.
The billboard is out of scale with the vacant lot. If there were buildings on the subject site, this might not be the case, however the vacant lot causes the scale and size of the billboard to appear much greater than it would be if the site were developed.
Policy LU-7.7 Blight Removal Target Areas. The County shall eliminate or mitigate urban blight or factors that might lead to urban blight around Clear Lake, especially in the four redevelopment areas...
During the October 26th 2017 hearing, several Planning Commissioners stated that there are many billboards in the County, and that a number of them are poorly maintained. The new sign will not represent blight. It does however create the potential for future blight if it is not well maintained over the course of time.
Policy LU-7-19 Billboards. The County shall address, as part of a Zoning Ordinance update, commercial design guidelines on billboards, along with amortization provisions, as necessary to protect and preserve the beauty, character, economic and aesthetic value of the County..
The Zoning Ordinance, Chapter 45 (Signs), subsection 20-22 (Off Site Signs and Billboards) was updated in 2009. This billboard will NOT protect or preserve the beauty, character or aesthetic value of the County. It will damage the sky line in this vicinity to a degree. It will add to sign clutter. It is immediately adjacent to another lot that was approved for a similar billboard on April 24, 2014.
Policy T-1.11 Protection of Scenic Corridors. Develop and maintain roads and highways in a manner that protects natural and scenic resources.
Highway 20 in this location is a locally-designated Scenic Highway and is eligible for designation as a Scenic State Highway. The proposed billboard with not protect natural or scenic resources, but rather will detract from them by adding to sign clutter and reducing visibility of the natural surrounding environment.
Policy HS-2.2 Development Near Fault Zones The siting of residential, commercial, recreational, or industrial structures on or adjacent to known active or potentially active fault zones should be avoided. In areas of known seismic hazards, building intensity should be dictated by a scale of acceptable risks as shown in Table 7-1.
The subject site is not located in a mapped fault zone, however there is a mapped fault zone located directly across Highway 20 from the subject site. If disturbed by a seismic event, it is unlikely that the sign could cause damage to vehicles or persons given its height (20 feet tall) and its setback from the property line (20 feet).
Policy OSC-2.2 Design Guidelines for Structures in Urbanized Areas In the urbanized areas of the County (within Community Growth Boundaries) structures within the immediate foreground of a scenic roadway should be constructed at a height and/or sited at a sufficient distance to maintain roadway and adjacent structures' views of distant, but visually significant natural features.
The sign is located within the Clearlake Oaks community growth boundary (see graphic below), and is within a scenic corridor, although Scenic Corridor standards don't apply to commercially zoned land. The sign is set back 20' from the highway to maximize its functionality and is at its height limit allowed without an exception being granted.
Clearlake Oaks Community Growth Boundary
Design Review Finding #6
That the project is in conformance with any applicable community design manual criteria.
The Shoreline Communities Area Plan does not contain community design criteria. The Zoning Ordinance however does; it is within Chapter 45 (Signs), subsection 20 - 22 (Off Site Signs and Billboards). Conformance was not evaluated because of the denial recommendation.
Use Permit Finding #6
That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety or general welfare basis.
Design Review Finding #8
That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety or general welfare basis.
The department has no record of current violations of Chapters 5, 17, 21, 23 or 26 of the Lake County Code.
V. APPELLANT'S STATEMENT. The appellant sent an email to staff on January 2, 2018 that contained the following statement as justification for this appeal:
"Members of the planning commission violated the brown act by making prejudicial comments regarding my application prior to the hearing."
VI. FISCAL IMPACT (Narrative): Action taken by the Board will have no fiscal impact on the County.
VII. CONCLUSION.
The appeal form (BOS Exhibit D) submitted by the applicant disagrees with the findings that were made by the Planning Commission. The Planning Commission found that the proposed sign was not in conformance with the Use Permit or Design Review findings due to, sign proliferation, existing poorly maintained signage and signs were distracting to drivers.
Staff recommends denial of this Use Permit and Design Review and did not prepare the environmental review under the California Environmental Quality Act. If the Board of Supervisors choses to uphold the appeal staff will need to prepare the environmental review and prepare conditions for the project.
Reviewed by:
..Recommended Action
VI. RECOMMENDATION:
Staff recommends the Board of Supervisors make a motion of intended decision to deny Appeal AB 17-05 and uphold the Planning Commission's denial of UP 17-10 and DR 17
Sample motion:
Appeal Denial
I move that the Board of Supervisors make an intended decision to deny the Appeal AB 17-05 and uphold the Planning Commission's denial of Use Permit 17-10 and Design Review DR 17-05 applied for by Richard Kuehn for property located at 13550 E. State Highway 20, Clearlake Oaks and direct County Counsel to prepare findings of fact.
On motion of Supervisor Steele, and by vote of the Board, made an intended decision to deny Appeal AB 17-05 and uphold the Planning Commission’s denial of Use Permit 17-10 and Design Review DR 17-05 applied for by Richard Kuehn for property located at 13550 E. State Highway 20, Clearlake Oaks and directed County Counsel to prepare findings of fact. The motion carried by the following vote:
Clerk’s notes: Clerk swore in all parties to this hearing.
Community Development Associate Planner Eric Porter presented the item to the Board and gave a PowerPoint presentation on the project. Senior Planner Michalyn DelValle was also present. Appellant Richard Kuehn was present and spoke.
Chair Steele opened the public hearing and asked if anyone present wished to speak and Gene Paleno spoke. No one else wished to speak and the public hearing was closed.
9. Non-Timed Items
9.1Supervisors’ weekly calendar, travel and reports
9.2Consideration of the following appointments:
Kelseyville Cemetery District
Western Region Town Hall
Appointment
Motion carried · 2 motions
Carried 5-0 — moved by Brown
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Carried 5-0 — moved by Brown
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Staff memo
EXECUTIVE SUMMARY:
Kelseyville Cemetery District: 1 Vacancy - General Membership
Applications received: John L. Traphagan II, Incumbent- General Membership
West Region Town Hall (WRTH): 1 Vacancy - Member at Large
Applications received: Rae Eby-Carl, New applicant - Member at Large
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carolyn Purdy, Asst. Clerk of the Board
DATE: February 27, 2018
SUBJECT: Consideration of Advisory Board Appointments
EXECUTIVE SUMMARY:
Kelseyville Cemetery District: 1 Vacancy - General Membership
Applications received: John L. Traphagan II, Incumbent- General Membership
West Region Town Hall (WRTH): 1 Vacancy - Member at Large
Applications received: Rae Eby-Carl, New applicant - Member at Large
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
On motion of Supervisor Brown, and by vote of the Board, appointed John L. Traphagan to the Kelseyville Cemetery District. The motion carried by the following vote:
Ayes- Supervisors: 5 - Smith, Steele, Brown, Scott and Simon
On motion of Supervisor Brown, and by vote of the Board, appointed Rae Eby-Carl to the West Region Town Hall. The motion carried by the following vote:
Ayes- Supervisors: 5 - Smith, Steele, Brown, Scott and Simon
Clerk’s notes: Chair Steele presented the item to the Board.
Chair Steele asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
9.3(a) Consideration of Resolution Adopting Memorandum of Understanding by and between the Lake County Employees Association, Unit 3, and the County of Lake for January 1, 2017 to September 30, 2018; and (b) Consideration of Resolution Adopting Memorandum of Understanding by and between the Lake County Employees Association, Unit 5, and the County of Lake for January 1, 2017 to September 30, 2018
Action Item
Adopted
Staff memo
As your Board is aware, Lake County and the Lake County Employee's Association (LCEA), Units 3, 4 and 5, met in good faith approximately seven (7) times during 2017. Recently, Units 3 and 5 elected to accept the County's Last, Best and Final Offer, submitted October 6, 2017.
Before your Board today are Resolutions and Memoranda of Understanding (MOU) implementing the Last, Best, and Final Offer for Units 3 and 5. Of note, the following items are included:
1. Supervisor Training: New supervisors will receive yearly training done by the Lake County Human Resources Department;
2. Personnel Policies: County agrees to review any proposed changes presented by the union regarding personnel policies;
3. Step Demotion: Employees will return to prior pay on voluntary step demotion;
4. Above Class: Clarification was made to above-class compensation;
5. Personal Leave: Union employees will be allowed two (2) days of Personal Leave;
6. Probationary Period: Removal of language requiring different Merit System probation, to match Merit System changes;
7. Step Demotion at Layoff: Employees will return to prior pay on demotion in lieu of layoff;
8. Standby: Remove references to pagers in standby section;
9. Salaries: Increase salaries for department-specific classifications and/or class series that have had a pattern of recruitment and retention issues.
The salary increases referenced above are some of those your Board approved September 12, 2017, for some classifications in Health Services, Behavioral Health, and Special Districts. Exhibit A attached to each memorandum details the raises relevant to each. The detailed raises will be retroactively effective October 1, 2017.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
(a) Consideration of Resolution Adopting Memorandum of Understanding by and between the Lake County Employees Association, Unit 3, and the County of Lake for January 1, 2017 to September 30, 2018; and
(a) Consideration of Resolution Adopting Memorandum of Understanding by and between the Lake County Employees Association, Unit 5, and the County of Lake for January 1, 2017 to September 30, 2018
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carol J. Huchingson, County Administrative Officer
DATE: February 27, 2018
SUBJECT: (a) Consideration of Resolution Adopting Memorandum of Understanding by and between the Lake County Employees Association, Unit 3, and the County of Lake for January 1, 2017 to September 30, 2018; and (b) Consideration of Resolution Adopting Memorandum of Understanding by and between the Lake County Employees Association, Unit 5, and the County of Lake for January 1, 2017 to September 30, 2018
EXECUTIVE SUMMARY:
As your Board is aware, Lake County and the Lake County Employee's Association (LCEA), Units 3, 4 and 5, met in good faith approximately seven (7) times during 2017. Recently, Units 3 and 5 elected to accept the County's Last, Best and Final Offer, submitted October 6, 2017.
Before your Board today are Resolutions and Memoranda of Understanding (MOU) implementing the Last, Best, and Final Offer for Units 3 and 5. Of note, the following items are included:
1. Supervisor Training: New supervisors will receive yearly training done by the Lake County Human Resources Department;
2. Personnel Policies: County agrees to review any proposed changes presented by the union regarding personnel policies;
3. Step Demotion: Employees will return to prior pay on voluntary step demotion;
4. Above Class: Clarification was made to above-class compensation;
5. Personal Leave: Union employees will be allowed two (2) days of Personal Leave;
6. Probationary Period: Removal of language requiring different Merit System probation, to match Merit System changes;
7. Step Demotion at Layoff: Employees will return to prior pay on demotion in lieu of layoff;
8. Standby: Remove references to pagers in standby section;
9. Salaries: Increase salaries for department-specific classifications and/or class series that have had a pattern of recruitment and retention issues.
The salary increases referenced above are some of those your Board approved September 12, 2017, for some classifications in Health Services, Behavioral Health, and Special Districts. Exhibit A attached to each memorandum details the raises relevant to each. The detailed raises will be retroactively effective October 1, 2017.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
(a) Consideration of Resolution Adopting Memorandum of Understanding by and between the Lake County Employees Association, Unit 3, and the County of Lake for January 1, 2017 to September 30, 2018; and
(a) Consideration of Resolution Adopting Memorandum of Understanding by and between the Lake County Employees Association, Unit 5, and the County of Lake for January 1, 2017 to September 30, 2018
(a) Supervisor Brown offered the Resolution and it was passed by roll call vote:
Ayes- Supervisors: 5 - Smith, Steele, Brown, Scott and Simon
(b) Supervisor Brown offered the Resolution and it was passed by roll call vote:
Ayes- Supervisors: 5 - Smith, Steele, Brown, Scott and Simon
Clerk’s notes: County Administrative Officer Carol Huchingson presented the item to the Board.
Chair Steele asked if anyone present wished to speak and Cheryl Carr spoke. No one else wished to speak and the public input portion of this item was closed.
9.4Consideration of Option and Lease Agreement with Verizon Wireless to Develop a Communications Site
Agreement
approved — Pass
Carried 5-0 — moved by Scott (recovered from the archived minutes)
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Staff memo
EXECUTIVE SUMMARY:
The attached Option and Lease Agreement with Verizon Wireless would allow Verizon to develop a communications site on the property occupied by the North Lakeport Water Treatment Plant located at 55 Worley Drive, in Lakeport. The proposed site consists of a 30' x 40' parcel which is a relatively modest footprint within the overall North Lakeport property.
This Agreement only provides the ground space needed to facilitate a communications site. Full scale development of such a site, including construction of a tower, is contingent upon Verizon satisfying requirements that may be promulgated by the Lake County Community Development Department and the Planning Commission.
The Agreement provides Verizon with an option period of up to three years during which they will determine the feasibility of the site and attempt to obtain the appropriate approvals and permits. Should Verizon exercise the option, the Agreement provides for an initial a lease term of five (5) years as well as the option to extend the Agreement for up to three additional terms of five years each.
FISCAL IMPACT: X_ None __Budgeted __Non-Budgeted
Amount Budgeted: None
Additional Requested: None
Annual Cost (if planned for future years): None
FISCAL IMPACT (Narrative): An initial option fee of $1,200 provides for the first two-year option period and another $1,200 for a one year extension of the initial option period. Subsequent to the option period, the initial annual lease fee will be $21,000 subject to an annual increase of 3%.
In addition to the annual lease fee from Verizon, should Verizon desire to allow other "subtenants" to occupy their tower, the prospective subtenants will first have to negotiate directly with the County for access to the site. The County has a similar arrangement the ground lease with AT&T for the subtenants that occupy its tower on Buckingham Peak. Based on that arrangement, the County should expect to charge Verizon's prospective subtenants 50% of the amount paid by the primary tenant. That would equate to another $10,500 annual from each subtenant.
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Adopt the Option and Lease Agreement with Verizon Wireless and authorize the Chair to execute it along with the accompanying "Memorandum of Option and Land Lease Agreement" which upon its recordation, will evidence the existence of the lease.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carol J. Huchingson, County Administrative Officer
DATE: February 27, 2018
SUBJECT: Consideration of Option and Lease Agreement with Verizon Wireless
EXECUTIVE SUMMARY:
The attached Option and Lease Agreement with Verizon Wireless would allow Verizon to develop a communications site on the property occupied by the North Lakeport Water Treatment Plant located at 55 Worley Drive, in Lakeport. The proposed site consists of a 30' x 40' parcel which is a relatively modest footprint within the overall North Lakeport property.
This Agreement only provides the ground space needed to facilitate a communications site. Full scale development of such a site, including construction of a tower, is contingent upon Verizon satisfying requirements that may be promulgated by the Lake County Community Development Department and the Planning Commission.
The Agreement provides Verizon with an option period of up to three years during which they will determine the feasibility of the site and attempt to obtain the appropriate approvals and permits. Should Verizon exercise the option, the Agreement provides for an initial a lease term of five (5) years as well as the option to extend the Agreement for up to three additional terms of five years each.
FISCAL IMPACT: X_ None __Budgeted __Non-Budgeted
Estimated Cost: None
Amount Budgeted: None
Additional Requested: None
Annual Cost (if planned for future years): None
FISCAL IMPACT (Narrative): An initial option fee of $1,200 provides for the first two-year option period and another $1,200 for a one year extension of the initial option period. Subsequent to the option period, the initial annual lease fee will be $21,000 subject to an annual increase of 3%.
In addition to the annual lease fee from Verizon, should Verizon desire to allow other "subtenants" to occupy their tower, the prospective subtenants will first have to negotiate directly with the County for access to the site. The County has a similar arrangement the ground lease with AT&T for the subtenants that occupy its tower on Buckingham Peak. Based on that arrangement, the County should expect to charge Verizon's prospective subtenants 50% of the amount paid by the primary tenant. That would equate to another $10,500 annual from each subtenant.
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Adopt the Option and Lease Agreement with Verizon Wireless and authorize the Chair to execute it along with the accompanying "Memorandum of Option and Land Lease Agreement" which upon its recordation, will evidence the existence of the lease.
On motion of Supervisor Scott, and by vote of the Board, approved the Option and Lease Agreement with Verizon Wireless to Develop a Communications Site, and authorized the Chair to sign. The motion carried by the following vote:
Clerk’s notes: Chief Deputy County Administrative Officer Jeff Rein presented the item to the Board. Epic Wireless Representative Andrew Lesa for Verizon Wireless was present and spoke.
Chair Steele asked if anyone present wished to speak and Richard Kuhen spoke. No one else wished to speak and the public input portion of this item was closed.
9.5(a) Consideration of an Ordinance Adding Article VII to Chapter 18 of the Lake County Code Imposing a General Transactions and Use Tax Establishing a General Tax of One and One-Half Percent in the Unincorporated Area of the County of Lake; (b) Consideration of a Tax Measure, a Transactions and Use Local Revenue Measure, for the June 5, 2018 General Election; and (c) Consideration of a Resolution Placing the Tax Ordinance and the Ballot Measure Statement on the June 5, 2018 Election.
Action Item
continued — Pass
Carried 5-0 — moved by Scott (recovered from the archived minutes)
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Staff memo
EXECUTIVE SUMMARY:
a. On February 27, 2018, your Board may offer the above-described ordinance for passage. Pursuant to its terms, the ordinance will not become operative unless and until approved by a majority vote of the eligible voters of Lake County on June 5, 2018.
b. If your Board determines to approve the ordinance, please then consider the language of the ballot question. The ballot question may not exceed 75 words. Below is a possible ballot question. Your Board may alter the language in any way you choose on February 27; however, the question itself may not exceed 75 words. The ordinance will appear on the ballot as Measure "G".
"To maintain and enhance public services and facilities such as libraries, roads, law enforcement, animal control, parks, museums, and for other general County purposes, shall Article VII be added to Chapter 18 of the Lake County Code imposing a one and one-half percent (1.50%) transactions and use tax (sales tax) for a ten-year period, with all proceeds placed in the County's General Fund?"
Your Board may approve the language of the ballot question by motion.
c. Once your Board has determined the appropriate language for the ballot question, the final step is your review of the Resolution Calling an Election to Submit to the Electors a Measure to Adopt an Ordinance Establishing a General Transactions and Use Tax in the Unincorporated Areas of the County of Lake. If acceptable, the resolution may be offered for passage. Thank you.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): N/A - If approved, these documents merely put the measure on the ballot for voters to decide.
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
a. On February 27, 2018, your Board may offer the above-described ordinance for passage. Pursuant to its terms, the ordinance will not become operative unless and until approved by a majority vote of the eligible voters of Lake County on June 5, 2018.
b. If your Board determines to approve the ordinance, please then consider the language of the ballot question. The ballot question may not exceed 75 words. Below is a possible ballot question. Your Board may alter the language in any way you choose on February 27; however, the question itself may not exceed 75 words. The ordinance will appear on the ballot as Measure "G".
"To maintain and enhance public services and facilities such as libraries, roads, law enforcement, animal control, parks, museums, and for other general County purposes, shall Article VII be added to Chapter 18 of the Lake County Code imposing a one and one-half percent (1.50%) transactions and use tax (sales tax) for a ten-year period, with all proceeds placed in the County's General Fund?"
Your Board may approve the language of the ballot question by motion.
c. Once your Board has determined the appropriate language for the ballot question, the final step is your review of the Resolution Calling an Election to Submit to the Electors a Measure to Adopt an Ordinance Establishing a General Transactions and Use Tax in the Unincorporated Areas of the County of Lake. If acceptable, the resolution may be offered for passage. Thank you.
Original memo text
..Title
..Body
MEMORANDUM
TO: HONORABLE BOARD OF SUPERVISORS
FROM: Anita L. Grant, County Counsel
DATE: February 27, 2018
SUBJECT: (a) Consideration of an Ordinance Adding Article VII to Chapter 18 of the Lake County Code Imposing a General Transactions and Use Tax Establishing a General Tax of One and One-Half Percent in the Unincorporated Area of the County of Lake; (b) Consideration of a Tax Measure, a Transactions and Use Local Revenue Measure, for the June 5, 2018 General Election; and (c) Consideration of a Resolution Placing the Tax Ordinance and the Ballot Measure Statement on the June 5, 2018 Election.
EXECUTIVE SUMMARY:
a. On February 27, 2018, your Board may offer the above-described ordinance for passage. Pursuant to its terms, the ordinance will not become operative unless and until approved by a majority vote of the eligible voters of Lake County on June 5, 2018.
b. If your Board determines to approve the ordinance, please then consider the language of the ballot question. The ballot question may not exceed 75 words. Below is a possible ballot question. Your Board may alter the language in any way you choose on February 27; however, the question itself may not exceed 75 words. The ordinance will appear on the ballot as Measure "G".
"To maintain and enhance public services and facilities such as libraries, roads, law enforcement, animal control, parks, museums, and for other general County purposes, shall Article VII be added to Chapter 18 of the Lake County Code imposing a one and one-half percent (1.50%) transactions and use tax (sales tax) for a ten-year period, with all proceeds placed in the County's General Fund?"
Your Board may approve the language of the ballot question by motion.
c. Once your Board has determined the appropriate language for the ballot question, the final step is your review of the Resolution Calling an Election to Submit to the Electors a Measure to Adopt an Ordinance Establishing a General Transactions and Use Tax in the Unincorporated Areas of the County of Lake. If acceptable, the resolution may be offered for passage. Thank you.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): N/A - If approved, these documents merely put the measure on the ballot for voters to decide.
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
a. On February 27, 2018, your Board may offer the above-described ordinance for passage. Pursuant to its terms, the ordinance will not become operative unless and until approved by a majority vote of the eligible voters of Lake County on June 5, 2018.
b. If your Board determines to approve the ordinance, please then consider the language of the ballot question. The ballot question may not exceed 75 words. Below is a possible ballot question. Your Board may alter the language in any way you choose on February 27; however, the question itself may not exceed 75 words. The ordinance will appear on the ballot as Measure "G".
"To maintain and enhance public services and facilities such as libraries, roads, law enforcement, animal control, parks, museums, and for other general County purposes, shall Article VII be added to Chapter 18 of the Lake County Code imposing a one and one-half percent (1.50%) transactions and use tax (sales tax) for a ten-year period, with all proceeds placed in the County's General Fund?"
Your Board may approve the language of the ballot question by motion.
c. Once your Board has determined the appropriate language for the ballot question, the final step is your review of the Resolution Calling an Election to Submit to the Electors a Measure to Adopt an Ordinance Establishing a General Transactions and Use Tax in the Unincorporated Areas of the County of Lake. If acceptable, the resolution may be offered for passage. Thank you.
This item has been continued to March 6, 2018.
On motion of Supervisor Scott, and by vote of the Board, approved to reopen this item for discussion. The motion carried by the following vote:
Clerk’s notes: County Counsel Anita Grant presented the item to the Board. County Counsel's recommendation is to continue the item to the March 6, 2018 Board meeting.
Chair Steele asked if anyone present wished to speak and Cheryl Carr spoke. No one else wished to speak and the public input portion of this item was closed.
Supervisor Scott made a motion to reopen this item for discussion. Registrar of Voters Diane Fridley was present and spoke. The tax measure would not be on the ballot within the city limits as it would only be in the unincorporated area of the county.
9.6Consideration of Agreement for Oak Mitigation Services for the Cole Creek at Soda Bay Road Bridge Replacement (14C-0127) and the Highland Creek at Highland Springs Road Bridge Replacement (14C-0125) projects with Hanford ARC in the amount not to exceed $342,446.97; and authorize the Chair to sign.
Agreement
approved — Pass
Carried 5-0 — moved by Brown (recovered from the archived minutes)
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Staff memo
In response to the RFP, a proposal was received from one (1) consulting firm: Hanford Applied Restoration & Conservation (Hanford ARC). A Public Interest Finding (PIF) was submitted and approved by Caltrans to move forward with the selection process with the one firm who submitted a proposal. A Consultant Selection Board (CSB) reviewed the proposal in accordance with Caltrans Local Assistance Procedures Manual (LAPM), Chapter 10, and the County of Lake policy for review and selection of professional consultants, and determined that Hanford ARC is qualified to perform the work. Staff negotiated the proposed fee with Hanford ARC and they have agreed that the fee for their services will not exceed $342,446.97.
The Federal Highway Administration (FHWA) and Caltrans offer Federal Highway Bridge Program (HBP) funds and California Toll Credit funds to eligible projects such as this project. The FHWA, in an agreement with Caltrans, provides for the use of toll credits in lieu of local matching funds. Therefore, this project is 100% funded, from design thru construction, with state and federal funds.
Staff recommends that the Board of Supervisors approve the Agreement for Oak Mitigation Services for the Cole Creek at Soda Bay Road Bridge Replacement (14C-0127) and the Highland Creek at Highland Springs Road Bridge Replacement (14C-0125) projects with Hanford ARC in the amount not to exceed $342,446.97 and authorize the Chair to execute said Agreement.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): The Federal Highway Administration (FHWA) and Caltrans offer Federal Highway Bridge Program (HBP) funds and California Toll Credit funds to eligible projects such as this project. The FHWA, in an agreement with Caltrans, provides for the use of toll credits in lieu of local matching funds. Therefore, this project is 100% funded, from design thru construction, with state and federal funds.
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION: Staff recommends approval of the Agreement for Oak Mitigation Services for the Cole Creek at Soda Bay Road Bridge Replacement (14C-0127) and the Highland Creek at Highland Springs Road Bridge Replacement (14C-0125) projects with Hanford ARC in the amount not to exceed $342,446.97; and authorize the Chair to sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Scott De Leon, Public Works Director
DATE: February 27, 2018
SUBJECT: Consideration of Agreement for Oak Mitigation Services for the Cole Creek at Soda Bay Road Bridge Replacement (14C-0127) and the Highland Creek at Highland Springs Road Bridge Replacement (14C-0125) projects with Hanford ARC in the amount not to exceed $342,446.97; and authorize the Chair to sign.
EXECUTIVE SUMMARY: On June 20, 2017, the Department of Public Works issued a Request for Proposals (RFP) for oak mitigation services for the Cole Creek at Soda Bay Road Bridge Replacement and the Highland Creek at Highland Springs Road Bridge Replacement projects. CEQA mitigation measures and the California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement both require that the removed oak trees be mitigated at a certain ratio and that monitoring reports be submitted annually for five years in order to ensure a certain minimum success rate.
In response to the RFP, a proposal was received from one (1) consulting firm: Hanford Applied Restoration & Conservation (Hanford ARC). A Public Interest Finding (PIF) was submitted and approved by Caltrans to move forward with the selection process with the one firm who submitted a proposal. A Consultant Selection Board (CSB) reviewed the proposal in accordance with Caltrans Local Assistance Procedures Manual (LAPM), Chapter 10, and the County of Lake policy for review and selection of professional consultants, and determined that Hanford ARC is qualified to perform the work. Staff negotiated the proposed fee with Hanford ARC and they have agreed that the fee for their services will not exceed $342,446.97.
The Federal Highway Administration (FHWA) and Caltrans offer Federal Highway Bridge Program (HBP) funds and California Toll Credit funds to eligible projects such as this project. The FHWA, in an agreement with Caltrans, provides for the use of toll credits in lieu of local matching funds. Therefore, this project is 100% funded, from design thru construction, with state and federal funds.
Staff recommends that the Board of Supervisors approve the Agreement for Oak Mitigation Services for the Cole Creek at Soda Bay Road Bridge Replacement (14C-0127) and the Highland Creek at Highland Springs Road Bridge Replacement (14C-0125) projects with Hanford ARC in the amount not to exceed $342,446.97 and authorize the Chair to execute said Agreement.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Estimated Cost: $342,446.97
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): The Federal Highway Administration (FHWA) and Caltrans offer Federal Highway Bridge Program (HBP) funds and California Toll Credit funds to eligible projects such as this project. The FHWA, in an agreement with Caltrans, provides for the use of toll credits in lieu of local matching funds. Therefore, this project is 100% funded, from design thru construction, with state and federal funds.
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION: Staff recommends approval of the Agreement for Oak Mitigation Services for the Cole Creek at Soda Bay Road Bridge Replacement (14C-0127) and the Highland Creek at Highland Springs Road Bridge Replacement (14C-0125) projects with Hanford ARC in the amount not to exceed $342,446.97; and authorize the Chair to sign.
On motion of Supervisor Brown, and by vote of the Board, approved the Agreement for Oak Mitigation Services for the Cole Creek at Soda Bay Road Bridge Replacement (14C-0127) and the Highland Creek at Highland Springs Road Bridge Replacement (14C-0125) projects with Hanford ARC in the amount not to exceed $342,446.97; and authorized the Chair to sign. The motion carried by the following vote:
Clerk’s notes: Public Works Director Scott DeLeon presented the item to the Board.
Chair Steele asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
10. Closed Session
10.1Conference with Legal Counsel: Decision whether to Initiate Litigation Pursuant to Gov. Code sec. 54956.9(d)(4): County of Lake v. Martin Scheel, et al.
Closed Session Item
Motion carried
Carried 5-0 — moved by Scott (recovered from the archived minutes)
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
Brown: aye Scott: aye Simon: aye Smith: aye Steele: aye
10.2Conference with Legal Counsel: Existing Litigation Pursuant to Gov. Code sec. 54956.9(d)(1): Shikman v. County of Lake, et al.
Closed Session Item
10.3Public Employee Evaluations
Title: Registrar of Voters
Title: Agricultural Commissioner
Closed Session Item
approved — Pass
10.1 - On motion of Supervisor Scott, and by vote of the Board, approved to initiate litigation against Martin Scheel to recover those monies owed pursuant to his contractual obligation to repay the nuisance abatement of a crane submerged in Clear Lake as a result of actions by Mr. Scheel. The motion carried by the following vote:
Clerk’s notes: The Public Employee Evaluation for the Registrar of Voters has been moved to March 6, 2018.
The Board reconvened into Regular Session at 12:57 p.m. having taken the following action: